Civil litigation can arise in a variety of circumstances. Clients might take legal action against a construction company that did not complete a project or that provided substandard work. Businesses might pursue lawsuits against workers who have breached a confidentiality agreement.
Civil litigation can provide numerous types of relief to the plaintiff who initiates the lawsuit. The various solutions available through civil proceedings can remedy the harm caused by the misconduct, negligence or omissions of other parties.
What remedies are among the most common solutions sought by those pursuing civil litigation?
1. Rescission or contract termination
Few things are more frustrating than having ongoing contractual obligations to a party that has already breached the agreement. Many contracts include clauses that make the rest of the agreement enforceable even when material breaches of the contract occur.
Plaintiffs requesting rescission can ask the courts to terminate the contractual agreement and revert their relationship with the other party to the way it was before they signed the contract. Rescission can end obligations to provide services or can terminate financial responsibilities.
2. An award of damages
Many times, the goal of civil litigation is to offset the economic harm caused by another party. Judges in the civil courts have the authority to enforce penalty clauses included in contracts. They can also award damages to those who have suffered economic harm due to the negligence or misconduct of others.
Damages can pay for disruptions in operations, lost sales and the cost to redo substandard work. Typically, those requesting financial relief in the form of damages need clear evidence showing the losses generated by the conduct or omissions of the other party.
3. Injunctions or orders of specific performance
In some cases, non-performance of contractual obligations is what prompts one party to go to court. An order of specific performance can compel a business or professional to fulfill contractual obligations or to remedy the harm caused by substandard work.
Other times, plaintiffs may seek injunctions. An injunction is a court order instructing one party to complete certain actions or forbidding them from engaging in certain behavior. An injunction could be beneficial after a breach of a confidentiality agreement, as it may open the door to contempt of court allegations should the confidentiality breach continue.
Seeking appropriate relief through civil litigation requires a careful analysis of circumstances. With the right legal guidance, those pursuing civil litigation may be able to recoup losses and hold the other party involved in a dispute accountable.