North Cyprus Law | Consequences of Breach of Contract

We are trying to extend the help and support we give on Free Legal Advice in North Cyprus FaceBook group to everyone, regardless of race, colour or creed. North Cyprus Law | Consequences of Breach of Contract

As I have explained before in another article of mine, a contract can be, at times, written, verbal or even implied. In this article I shall try to explain in more detail what some of the consequences could be for breach of contract, but I would like you all to keep in mind while reading that cases in court may take time to finalise, but in most situations you wouldn’t be able to gain any relief if you don’t fight for it and fight in the right way which usually would mean that even though the law doesn’t say you must hire an Advocate I suggest that you should hire a decent Advocate, and file a case (lawsuit) to the TRNC Court which claims for all possible reliefs. It is a different subject which I shall cover in the future but according to the civil procedure and rules of court and the relevant authorities in the TRNC a remedy can only be granted by the court if you claim for it in your lawsuit (case) (writ) particulars and pray or defence etc. The same rule is applicable for your opposing side therefore sometimes you wouldn’t have anything to worry about. Of course amendment of the case particulars or defence can be possible but that is another subject I might cover in the future also.

In the TRNC when a legally binding contract has been broken, which isn’t void or null, the party who suffers by such breach is entitled to receive, inter alia, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.

Such compensation is not given for any remote and indirect loss or damage sustained by reason of the breach. When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.

In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.

When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the case may be, the penalty stipulated for. A stipulation for increased interest from the date of default may be stipulated by way of penalty. The Law of Contract has many rules like these which only people in the legal profession like judges, prosecutors and Advocates would be able to know about therefore, as ı have stated before and above, I always suggest that you do take the advice of a qualified independent advocate in the TRNC before you decide to sign or make any contract.

I think it is also relevant at this stage to state that nobody can recover any compensation or other relief in respect of any civil wrong (tort), if such civil wrong also constituted a breach of any contract, or of an obligation resembling those created by contract, and compensation for such breach of contract or obligation has been awarded by any court, arbitrator or other tribunal to such person or to any person through whom such person claims and no person can recover any compensation in respect of any civil wrong if such civil wrong also constitutes a crime or a breach of any obligation imposed by any enactment and compensation in respect thereof has been awarded in accordance with the provisions of any enactment to such person or to any person through whom such person claims. This is the reason I have said you can only pick one rout in previous articles and I suggest that you speak and discuss with your advocate which one would be best for you if you are in this situation. And if you can’t do this for any reason I think you should change her/him, which is possible, with another advocate you can trust and speak to as soon as you can for your best interest.

Legal Eagle

You can only win if you fight and fight in the right way.

Hak

Consequences of Breach of Contract.

As I have explained before in another article of mine, a contract can be, at times, written, verbal or even implied. In this article I shall try to explain in more detail what some of the consequences could be for breach of contract, but I would like you all to keep in mind while reading that cases in court may take time to finalise, but in most situations you wouldn’t be able to gain any relief if you don’t fight for it and fight in the right way which usually would mean that even though the law doesn’t say you must hire an Advocate I suggest that you should hire a decent Advocate, and file a case (lawsuit) to the TRNC Court which claims for all possible reliefs. It is a different subject which I shall cover in the future but according to the civil procedure and rules of court and the relevant authorities in the TRNC a remedy can only be granted by the court if you claim for it in your lawsuit (case) (write) particulars and pray or defence etc. The same rule is applicable for your opposing side therefore sometimes you wouldn’t have anything to worry about. Of course amendment of the case particulars or defence can be possible but that is another subject I might cover in the future also.
In the TRNC when a legally binding contract has been broken, which isn’t void or null, the party who suffers by such breach is entitled to receive, inter alia, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.
Such compensation is not given for any remote and indirect loss or damage sustained by reason of the breach. When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.
In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account.
When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the case may be, the penalty stipulated for. A stipulation for increased interest from the date of default may be stipulated by way of penalty. The Law of Contract has many rules like these which only people in the legal profession like judges, prosecutors and Advocates would be able to know about therefore, as ı have stated before and above, I always suggest that you do take the advice of a qualified independent advocate in the TRNC before you decide to sign or make any contract.
I think it is also relevant at this stage to state that nobody can recover any compensation or other relief in respect of any civil wrong (tort), if such civil wrong also constituted a breach of any contract, or of an obligation resembling those created by contract, and compensation for such breach of contract or obligation has been awarded by any court, arbitrator or other tribunal to such person or to any person through whom such person claims and no person can recover any compensation in respect of any civil wrong if such civil wrong also constitutes a crime or a breach of any obligation imposed by any enactment and compensation in respect thereof has been awarded in accordance with the provisions of any enactment to such person or to any person through whom such person claims. This is the reason I have said you can only pick one rout in previous articles and I suggest that you speak and discuss with your advocate which one would be best for you if you are in this situation. And if you can’t do this for any reason I think you should change her/him, which is possible, with another advocate you can trust and speak to as soon as you can for your best interest.

Legal Eagle

You can only win if you fight and fight in the right way.
Hak

Print Friendly, PDF & Email

Comments are closed.