Full question:
I provided farrier services, and 'loaned' two new halters for her new foals, which she has not returned. She paid part of her bill, and now that she no longer has the horses, refuses to pay the remaining balance. It is now a year old, and she paid in small amounts, and I haven't recieved the balance. Her last payment was 50.00, in 11/2010.
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: North Carolina
Answer:
If you want to resolve your dispute legally, it's important to understand breach of contract principles. A breach occurs when one party fails to fulfill their contractual obligations, which can lead to economic harm for the other party. Legal actions for breach of contract aim to compensate the injured party, not to punish the breaching party.
There are five main remedies for breach of contract:
- Money damages: A monetary award compensating for financial losses due to the breach.
- Restitution: This restores the injured party to their position before the contract, returning any money or property given to the breaching party.
- Rescission: This remedy cancels the contract, releasing both parties from their obligations.
- Reformation: This allows courts to modify the contract to correct inequities.
- Specific performance: This compels the breaching party to fulfill their contractual duties when monetary damages are insufficient.
Additionally, if a promise was made that induced reliance, the concept of promissory estoppel may apply. This means that if one party relied on a promise and suffered harm, it may be unfair not to enforce that promise. To establish promissory estoppel, you must show that the reliance was reasonable and led to a detriment.
In your case, you may consider pursuing a legal claim for the unpaid balance, potentially seeking restitution for the unpaid services and the return of the halters.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.