Also known as: aggrieved party · aggrieved-party · injured party
Written by attorneys · grounded in primary & secondary sources — see below
A party that has suffered injury or loss from another's breach or wrongful conduct. The term identifies the injured party entitled to pursue remedies such as damages based on remaining contractual rights or other relief.
Stone Resource contracted with Stone Clean for phased equipment deliveries. When Stone Clean diverted machines to another buyer and later abandoned production lines after a fire, Stone Resource suspended payments and sued for total breach. Stone Resource, as the aggrieved party, recovered damages based on all remaining rights to performance under the contract.
After a lease ended, a tenant continued occupying the premises without permission. The landlord incurred unexpected costs from delayed new tenant preparations and lost opportunities. The landlord, as the aggrieved party, recovered special damages that the holdover tenant could have foreseen and that the landlord could not reasonably avoid.
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A tort victim received insurance payments covering medical expenses after an accident caused by the defendant's negligence. The victim sued the tortfeasor for full compensatory damages. The payments from the insurer did not reduce the tortfeasor's liability to the aggrieved party.
Noon Cars contracted with Crown Automotive for custom brake assemblies. Crown delivered some assemblies that met basic safety standards but failed enhanced performance specifications required for racing customers. Noon Cars, as the aggrieved party, recovered damages based only on the portion of its remaining rights to performance that were impaired.
River Coastal chartered a vessel from Silver Sea under a multi-voyage agreement. Silver Sea's repeated cost-cutting interpretations caused chronic delays and penalties exceeding one hundred thousand dollars. River Coastal, as the aggrieved party, recovered damages for total breach because the pattern substantially impaired the contract's value.
An aggrieved party is the injured party whose remaining rights to performance have been impaired by the other party's breach. The term determines whether a claim for total or partial breach damages is available under the circumstances.
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No. Acceptance of nonconforming deliveries does not prejudice the aggrieved party's right to demand adequate assurance of future performance or to pursue remedies for later defaults.
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The landlord or incoming tenant is the aggrieved party entitled to recover special damages caused by an improper holdover that the tenant could reasonably have foreseen and that the injured party could not reasonably avoid.
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