(a) The remedies provided in this title are cumulative, but a party may not recover more than once for the same loss. (b) Except as otherwise provided in §§ 22-803 and 22-804 of this subtitle, if a party is in breach of contract, whether or not the breach is material, the aggrieved party has the remedies provided […]
(a) An aggrieved party may cancel a contract if there is a material breach that has not been cured or waived or the agreement allows cancellation for the breach. (b) Cancellation is not effective until the canceling party gives notice of cancellation to the party in breach, unless a delay required to notify the party would cause […]
(a) Except as otherwise provided in this section and in § 22-804 of this subtitle: (1) An agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title or a party’s other remedies under this title, such as […]
(a) Damages for breach of contract by either party may be liquidated by agreement in an amount that is reasonable in light of: (1) The loss anticipated at the time of contracting; (2) The actual loss; or (3) The actual or anticipated difficulties of proving loss in the event of breach. (b) If a term liquidating damages is unenforceable under […]
(a) Except as otherwise provided in subsection (b) of this section, an action for breach of contract must be commenced within the later of four years after the right of action accrues or one year after the breach was or should have been discovered, but not later than five years after the right of action accrues. […]
Remedies for material misrepresentation or fraud include all remedies available under this title for nonfraudulent breach of contract.
(a) Except as otherwise provided in the contract, an aggrieved party may not recover compensation for that part of a loss which could have been avoided by taking measures reasonable under the circumstances to avoid or reduce loss. The burden of establishing a failure of the aggrieved party to take measures reasonable under the circumstances is […]
(a) In this section, “substitute transaction” means a transaction by the licensor which would not have been possible except for the licensee’s breach and which transaction is for the same information or informational rights with the same contractual use terms as the transaction to which the licensee’s breach applies. (b) Except as otherwise provided in § 22-807 […]
(a) Subject to subsection (b) of this section and except as otherwise provided in § 22-807 of this subtitle, a breach of contract by a licensor entitles the licensee to recover the following compensation for losses resulting in the ordinary course from the breach or, if appropriate, as to the whole contract, less expenses avoided as […]
(a) Except as otherwise provided in subsection (b) of this section, an aggrieved party, upon notifying the party in breach of contract of its intention to do so, may deduct all or any part of the damages resulting from the breach from any payments still due under the same contract. (b) If a breach of contract is […]
(a) Specific performance may be ordered: (1) If the agreement provides for that remedy, other than an obligation for the payment of money; (2) If the contract was not for personal services and the agreed performance is unique; or (3) In other proper circumstances. (b) An order for specific performance may contain any conditions considered just and must provide adequate […]
(a) On breach of contract by a licensee, the licensor may: (1) Identify to the contract any conforming copy not already identified if, at the time the licensor learned of the breach, the copy was in its possession; (2) In the exercise of reasonable commercial judgment for purposes of avoiding loss and effective realization on effort or investment, […]
On breach of contract by a licensor, the following rules apply: (1) A licensee that has not canceled the contract may continue to use the information and informational rights under the contract. If the licensee continues to use the information or informational rights, the licensee is bound by all terms of the contract, including contractual use […]
(a) Subject to subsection (b) of this section, on material breach of an access contract or if the agreement so provides, a party may discontinue all contractual rights of access of the party in breach and direct any person that is assisting the performance of the contract to discontinue its performance. (b) Except as provided in subsection […]
(a) On cancellation of a license, the licensor has the right: (1) To possession of all copies of the licensed information in the possession or control of the licensee and any other materials pertaining to that information which by contract are to be returned or delivered by the licensee to the licensor; and (2) To prevent the continued […]
(a) In this section, “electronic self-help” means the use of electronic means to exercise a licensor’s rights under § 22-815(b) of this subtitle. (b) Notwithstanding the provisions of this section, electronic self-help is prohibited in mass-market transactions. (c) Prior to cancellation of a license in which the parties have agreed to permit the use of electronic self-help, the […]
