Written by attorneys · grounded in primary & secondary sources — see below
A party entitled to a remedy. The designation applies when a person's personal, pecuniary, or property rights have been adversely affected by another's actions or by a court's decree or judgment.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
How it applies
Common Examples
6
Total Breach Damages Claim
Atlas Ventures contracted with Ashford Manufacturing for phased delivery of custom parts over eighteen months. Ashford notified Atlas that it would divert the remaining shipments to another buyer and could not meet the schedule. Atlas treated the announcement as total breach and sued for damages covering all its remaining contractual rights to performance.
Holdover Tenant Damages
Anchor Bank leased space to Anita Ali for a one-year term. After the lease ended, Ali remained in possession without permission. Anchor Bank recovered special damages from Ali for the costs it reasonably could not avoid after the holdover.
Antonio Alvarado suffered injuries when a delivery truck owned by Astra Aerospace struck his vehicle. Alvarado received medical payments from his own insurer. He still recovered the full amount of his medical expenses from Astra Aerospace without any credit for the insurer payments.
Partial Breach Damages
Aisha Ahmed ordered six monthly shipments of specialized equipment from Adam Anderson. Anderson delivered only the first two shipments on time and missed the third. Ahmed sued for damages limited to the value of the missed shipment while keeping the contract in force for future deliveries.
Substantial Impairment Breach
Albert Allen agreed to supply Angela Acosta with unique components essential to her manufacturing line. Allen failed to deliver the final batch, which substantially impaired the value of the entire contract to Acosta. Acosta recovered damages based on all her remaining rights to performance.
Appeal Standing Determination
After a district court denied a motion to dismiss, the defendant sought immediate appellate review. The court of appeals examined whether the defendant qualified as an aggrieved party entitled to pursue the interlocutory appeal under the collateral order doctrine.
Mitchell v. Forsyth472 U.S. 511, 528 (1985)
Common questions
Frequently Asked
3
What rights does an aggrieved party have after a total breach?+
An aggrieved party may recover damages based on all remaining rights to performance under the contract.
Supporting sources
How does the collateral source rule affect an aggrieved party's recovery in tort?+
Payments from other sources are not credited against the tortfeasor's liability even when they cover part of the harm.
Supporting sources
When may a landlord recover special damages from a holdover tenant?+
A landlord may recover foreseeable special damages caused by the holdover that the landlord could not reasonably avoid, unless equitable considerations justify relief.
Supporting sources
422 U.S. 490, 499 (1975)Property
…established, and so long as the nature of the claim and of the relief sought does not make the individual participation of each injured party indispensable to proper resolution of the cause, the association may be an appropriate representative of its members, entitled to invoke the court's jurisdiction. A Petitioner…