What Does Affirming A Contract Mean?


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Affirming a contract is a step taken by a court during a breach of contract cause of action, whereby the court confirms the validity of the contract.  The remedy for the breach of a valid contract compensates the party for their reliance, expectation, and restitution interests in the valid contract against the breaching the party.

To compare, the court disaffirms the contract by asserting the in-validity of the contract that was formed.  The pursuant remedies for a disaffirmed contract bring the parties back to a point before the contract was made through legal or equitable rescission of that contract.

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