It should not be unusual to rely on the parties to a contract to do what they say they will do. Unfortunately, many Nashville business owners run up against issues with other parties who fail to adhere to the obligations they agreed to in the contracts between them. In those cases, injured parties can rely on business law to seek restitution for their losses, but not all relief is monetary. Equitable relief is also available in a breach of contract dispute.
In certain instances, the injured party needs more than money to resolve the problem. Instead, a company may need the other party to fulfill the obligations under the contract. This is where equitable relief comes into play. The court can order the other party to deliver on the promises made in the contract.
Nashville businesses may want to include the potential for equitable relief in their contracts. They could stipulate that actual harm does not need to exist in order to receive it. In addition, the parties could agree in the contract that this type of relief does not replace other forms of relief available under law. Of course, the offended party must be able to prove it is not culpable in any way for the harm done or the action or inaction of the other party, i.e. the “clean hands” requirement.
When faced with a contract dispute involving an alleged breach by one party, the goal of any business law litigation is to make the harmed party “whole.” Monetary judgments may not be enough to do so. Before embarking on any legal action, a good first step would be to carefully examine and determine exactly what would resolve the issue.