Generally, when a party here in Louisiana has had a material breach of contract committed against it, there is a possibility it could be awarded damages for the breach. There are, however, certain circumstances that can limit or completely eliminate a party's ability to be awarded damages for a contract breach. We will now go over a few examples of some circumstances that have this effect under Louisiana law.
One is if the party the breach was committed against committed negligence that contributed to the other party breaching the contract. If a party that had a breach of contract committed against it committed such negligence, any damage award it is ultimately granted for the breach will be lowered in proportion to the negligence.
Another is if the party that the breach was against acted in bad faith and this bad faith caused the breach. Under this circumstance, the party is completely barred from receiving damages for the breach.
Another thing that can completely bar a party that has experienced a breach of contract from receiving damages for the breach is if the party had concealed certain types of information from the breaching party at the time the contract was formed.
As this illustrates, what the exact legal situation is for a given alleged breach of contract can vary quite a bit depending on many things, including the actions of the party the alleged breach was against. Attorneys can help Louisiana businesses that have been accused of a breach of contract or that believe that a breach of contract has been committed against them understand what their legal position is under state law given their specific circumstances.