non-breaching party

noun

Definitions of non-breaching party

  • the party in a legal case that has suffered injury or loss as a result of the defendant’s breach of contract

    "A breach of contract entitles the non-breaching party to sue for damages."

Phrase Bank for non-breaching party

  • And at the end of it I had a contract that included some boilerplate legalese (“If either party materially breaches this agreement, the non-breaching party may terminate the agreement …”).

  • This would include language to the effect of: “If one of the parties breaches this Agreement, the non-breaching party is entitled to $5,000″.

  • Usually, the non-breaching party has the option to sue for damages or rescission.

  • This will have serious consequences for the non-breaching party.

  • It deprives the non-breaching party of substantially the whole benefit of the agreement.

  • Additionally, our Court has long recognized the established precept of contract law that a material breach of a contract relieves the non-breaching party from any continuing duty of performance thereunder.

  • The non-breaching party may terminate the contract without notice.

  • Disloyal and dishonest conduct by a party to a contract is an incurable breach which excuses future performance by the non-breaching party.

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