The first obstacle to proving an offence is to prove that there was a legally binding agreement. “Reimbursement” as a contractual agreement means that the non-injuring party is put back in a position to be before the breach, while “termination” of the contract invalidates the contract and relieves all parties of any obligation arising from the contract. Ordinary law has three categories of offences. These are measures of the gravity of the offence. In the absence of a contractual or legal provision, each infringement is classified as follows: The courts review the responsibilities of each of the parties in order to determine whether they have fulfilled their obligations. The courts will also review the contract to determine if it contains any changes that could have triggered the alleged infringement. As a general rule, the applicant must inform a defendant that he is contrary to the contract before proceeding to legal proceedings. The reason why a defaulting party commits an actual infringement is generally not relevant to determining whether it is an infringement or whether the infringement constitutes a refusal (this is an incident of liability independent of fault in the performance of contractual obligations). However, the reason may be very relevant, which would prompt the reasonable observer to conclude on the intentions of the defaulting party with respect to future performance and, therefore, the question of waiver. Often, the question of whether the conduct is a waiver is to assess on the basis of the intention of the defaulting party, which objectively becomes a form, both through past offenses and through other words and conduct. However, there are times when a violation complaint is the only way to resolve a problem and obtain damages for the losses suffered.
A breach of a guarantee of a contract creates a right to compensation for the damage suffered by the infringement. These “minor” offences do not entitle the innocent party to terminate the contract. The innocent party cannot sue the late party for a given service: only damages. Injunctions (a particular performance is a kind of injunction) to hold a new breach of security are likely dismissed on the basis that (1) the injunctions are a margin of appreciation and (2) damages are an appropriate remedy in the circumstances of the case. Here are some of the common types of contracts as well as the legal challenges they can pose. . . .