The civil courts help resolve conflicts between individuals and businesses. Many civil lawsuits relate to contract issues. One party alleges that the other did not fulfill their obligations and asks the courts for relief.
Civil court judges have the authority to address contract issues in several ways. Once they validate that the contract is enforceable, they can respond to the plaintiff’s request for relief. They can eliminate future contractual obligations between the parties. They can award the plaintiff damages for the economic harm the breach of contract caused. These solutions can help in some cases but may not fully resolve issues in others.
Can plaintiffs ask a civil court judge to enforce a contract as written?
Judges can potentially enforce contracts
Judges have two separate means of enforcing a contract after a verifiable violation by one party. The first involves issuing an injunction. A judge can use an injunction to limit behaviors that violate the contract or mandate certain conduct to fulfill a contract. Injunctions can be helpful after one party breaches a non-disclosure agreement, for example.
In scenarios where other solutions may not adequately resolve the issue, a judge also has the option of issuing an order of specific performance. In a construction dispute, for example, they could order a contractor to redo work that does not meet the standards outlined in the initial written agreement.
Plaintiffs contemplating civil litigation as a tool to resolve a contract dispute may need to evaluate their options. Orders of specific performance and injunctions are among the many tools that judges can use to help limit the fallout of contract disputes.
