QUESTION

What are remedies if I sue for breach of contract?

Asked on May 09th, 2013 on Personal Injury - New York
More details to this question:
If I sign a release of liability waiver/contract for sky diving, and then want to sue for breach of contract. What remedies could I receive?
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10 ANSWERS

That all depends on what "liability" is being released. No lawyer can answer your question without reading the Release. I suspect the only liability you are releasing has to do with wrongful death or personal injury type claims.
Answered on May 14th, 2013 at 7:32 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Well your estate may sue for your death, perhaps the cost of the skydiving event and the cost of scraping your remains off the ground.
Answered on May 14th, 2013 at 5:36 AM

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Henry Peter Friesen
The remedy for breach of contract in the situation you describe is most likely for money damages. However, it would be helpful to know more about the situation, specifically what did the company do or not do, which you believe is a breach?
Answered on May 10th, 2013 at 2:16 PM

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Insurance Attorney serving Seattle, WA at Lawrence Kahn Law Group
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A breach of contract occurs when a bargained-for exchange is not honored by one or more of the parties to the contract by non-performance. Washington has a six-year statute of limitation for causes of actions arising out of a written contract. In some instances, the contract itself may spell out the remedies for a breach by the parties to it. Without knowing the specifics of your claim ( or writing an essay on all contract remedies possible, generally the remedy for breach of a services contract is monetary damages which puts the non breaching party in the position he or she would have been in prior to entering the contract, I.e., return of your money, likely with interest from the date the money was paid. Also note that a negligence action may be possible if in the performance of the contract, here for skydiving, the breaching party actually causes injury despite supposed "waivers" in the contract. The waiver may apply to the inherent risk of the activity causing injury without negligence but, again generally speaking, one cannot contractually waive his or her own negligence. For example, if instead of a parachute the vendor gave the participant a backpack with camping gear in it, the vendor will be liable for injuries incurred no matter how many waivers are contained in the contract. If the contractual dames are $5000 or less, you can represent yourself in small claims court.
Answered on May 10th, 2013 at 11:52 AM

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You need to tell me what happened and what your damages were
Answered on May 10th, 2013 at 11:51 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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As in most things in the law, it depends. It usually depends on what damages you are seeking. Here are the general rules: Civil Code section 3300 provides: For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximate caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.The detriment that is likely to result therefrom? Is that which is foreseeable to the breaching party at the time the contract is entered into. (Wallis v. Farmers Group, Inc. (1990) 220 Cal.App.3d 718, 737 [269 Cal.Rptr. 299], internal citation omitted.) Restatement Second of Contracts, section 351, provides: (1) Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. (2) Loss may be foreseeable as a probable result of a breach because it follows from the breach (a) in the ordinary course of events, or (b) as a result of special circumstances, beyond the ordinary course of events, that the party in breach had reason to know. (3) A court may limit damages for foreseeable loss by excluding recovery for loss of profits, by allowing recovery only for loss incurred in reliance, or otherwise if it concludes that in the circumstances justice so requires in order to avoid disproportionate compensation.
Answered on May 10th, 2013 at 11:51 AM

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Ronald A. Steinberg
Absolutely NOTHING. No one forced you to sign. The risks are obvious. You chose to do it, and you chose to sign the release. Unless you can prove some sort of fraud, then you are without a remedy.
Answered on May 10th, 2013 at 11:50 AM

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Administrative Law Attorney serving Tulsa, OK at Campbell & Tiger, PLLC
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In order to answer you question, an attorney is going to have to meet with you and obtain all of the facts surrounding your accident/injury. Depending on the circumstances, you may have a tort claim and/or a breach of contract claim if you were injured while sky diving.
Answered on May 10th, 2013 at 11:50 AM

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Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
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Thank you for your question. However, this question is better suited for a contract litigation attorney, rather than an injury/accident attorney such as myself. I would repost the question to a Georgia attorney practicing contract litigation. I wish you the best of luck. If you or any of your friends or family ever have any questions related to car wrecks, slip and falls, product liability, or wrongful death actions in Georgia, please do not hesitate to contact me. I practice in any county in the state of Georgia.
Answered on May 10th, 2013 at 11:49 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You are getting closer, but you still haven't told us the manner in which you claim that they breached the contract, nor what damages you believe you have sustained. I'm sorry if this sounds obtuse, but there really isn't enough information to answer the question.
Answered on May 10th, 2013 at 11:49 AM

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