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by TangoTrotFox 2806 days ago
Only if it broke a relevant law. And each state's laws contract law tend to vary and are generally very obtuse. Here [1] for instance is California's state laws on contract. And even then you generally need to show damages, or a failure to deliver on a contractual obligation that resulted in less than promised.

[1] - https://leginfo.legislature.ca.gov/faces/codes_displayexpand...

1 comments

So, for a term of a contract to have force, is it necessary to have some sort of penalty in the contract for breach-of-contract, involving e.g. some required payment, so that you can then sue for failure to pay the penalty? (Which I would assume is mostly equivalent to e.g. failure to pay for goods transferred or services rendered.)
No. Contracts typically do not have penalties. Civil cases are about lost value. The typical example is we agree for me to install copper piping in your house. Instead I install lead piping. Lead pipes cost $40, while copper pipes cost $60. I'd be liable for the $20 of lost value. Interestingly enough you generally could not even recoup the cost to remove and reinstall new piping. It's precisely about provable and direct lost value.