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by techdragon
1139 days ago
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Those remedies are against the parties breaching the contract. It’s a small hair to split, but relevant given the point being made. contract law is the body of precedent and collective set of laws related to the legality, construction, execution and all around use of contracts, and while I’m sure there are some specific extra laws that make breach of certain types of contracts a misdemeanour or felony. Generally speaking in most jurisdictions around the world in fact, breach of contract is a civil law matter between the parties of the contract, and settlement of the civil law side of the “is this actually a breach of contract” is usually necessary first before any potential criminal liability can be applied. An example: An contract can be invalidated for lack of sufficient consideration offered (peppercorn isn’t always enough to make it valid)… this makes the contract void, not illegal. This is a simple example but it illustrates the basic point well, and I’m not trying to write a legal theory essay while on the way to work. |
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Yes, remedies in the law are invariably against the party breaking the law, not the people complying with the law. What would be the point of sanctions for not breaking the law?
> while I’m sure there are some specific extra laws that make breach of certain types of contracts a misdemeanour or felony. Generally speaking in most jurisdictions around the world in fact, breach of contract is a civil law matter between the parties of the contract
So, what I just said that breach of contract is a violation of the law for which there are sanctions available, but not in and of itself criminal. That was a…very argumentative agreement.