Colo. High Court Defies Contract Damages Precedent

By Perry Glantz (July 10, 2019, 3:28 PM EDT) -- Traditionally, legal remedies for breach of contract do not allow the court to force a party to perform or punish the breaching party for its failure to perform, but instead are limited to compensation of the nonbreaching party for its loss resulting from the breach.[1] In short, punitive damages are not available in the context of a breach of contract. The question is, has that now changed in Colorado?

In May 2019, in Bermel v. BlueRadios Inc., the Colorado Supreme Court published an opinion that could open the door to recovery of a form of punitive damages for breach of contract.[2]...

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