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HOLLYWOOD, Calif. – Jan. 23, 2017 — Diversity News Productions producer of Diversity Pageants and upcoming Diversity News Magazine Awards announces that Diversity Pageants produced by Diversity News Productions is seeking nationwide for sponsors for their 2nd annual Diversity Pageants 2017, which include: Miss Diversity, Miss Teen Diversity, Mrs. Diversity and Miss Diversity News, Miss Teen Diversity News & Mrs. Diversity News Pageants! Also Mr. Diversity and Mr. Diversity News.
To sponsor them, go to download the sponsorship opportunities application form at: http://missandmrsdiversity.com/sponsors/sponsorship-opportunities-2017
They’re seeking sponsors for: Shoes, Accessories, Hair & Make Up Products, Crowns and Sashes, Water & Energy Drinks, Designer Dress, Swim Suits & Active Wear, Fitness, Vitamins, Spa Services, Car & Limousine Services, Choreographer, House Photographer, Hair Stylists, Make-up Artists, Airfare Round Trips, Gift Bags, Casting Call and Rehearsal venues and more.
Email to: firstname.lastname@example.org
Subject line: Diversity Pageants 2017 Sponsor
“This is a great opportunity for profit and non profit organizations to get involved with Diversity Pageants and they will get lots of opportunites to get exposure and showcase their products or services by promoting them at our events. Also at the same time they will be helping teenagers woman and man, young womans and mans, womans and mans who are looking to make their dreams and goals become a reality.” said Steven Escobar, Founder, CEO, President and Executive Producer.
Remember to sponsor them, go to download the sponsorship opportunites application form at: http://missandmrsdiversity.com/sponsors/sponsorship-oppor…
About Diversity News Productions:
Diversity News Productions, an events, film and productions company, is part of the Diversity News Publications Family of Companies such as award winning DiversityNewsMagazine.com, DiversityNewsPublications.com, DiversityNewsMagazineAwards.com, Diversity News TV, award winning Diversity News Radio and more. For more information, visit dnproductions.diversitynewspublications.com.
About Miss/Miss Teen/Mrs. Diversity and Miss/Miss Teen/Mrs. Diversity News Pageants: Diversity Pageants was founded in April 2016, in response to the controversy of no Diversity included in many entertainment award shows, television roles, modeling, media, government roles, movies roles and music, etc. The purpose and mission of Miss Diversity, Miss Teen Diversity, Mrs. Diversity and Miss Diversity News, Miss Teen Diversity News & Mrs. Diversity News Pageants! is to help women from 14 to 75 years to become confident, make new friendships, learn leadership skills, network for new opportunities as well to empower them and pursue leadership roles in our Diverse society. For more information, visit missandmrsdiversity.com.
#SponsorUs #ProductsSponsorWanted #SeekingSponsors #SponsorshipOpportunites #NationwideSearch #Searchison #Applynow #DiversityPageants #BeaQueen #PageantLife #RedCarpetEvents #WeareDiversity #DiversityNewsProductions #SponsorUs #Diversity #StevenEscobar #Crown #Sash
Photo credit to: Bob Delgadillo Photography
PRESS & MEDIA CONTACTS:
Alex Leon, Vice President of Marketing & PR
Linda England, Events & PR Coordinator
World Wide Vital Marketing & Public Relations Inc.
TEL: (213) 867-1997
FAX: (818) 787-1249
World Wide Vital Marketing & Public Relations are excited and happy to congratulate and welcome on board the new winner queens Francesca Esker Crowned Miss Diversity News, Sharon Doyle Crowned Mrs. Diversity News and Marie Bogacz Crowned Mrs. Diversity of Diversity Pageants.
Hollywood, CA – November 16, 2016 – On Saturday, November 5, 2016, Diversity News Productions hosted the 1st annual Diversity Pageants Crowning Show and Red Carpet Event at The Performing Arts Education Center at 28545 West Driver Avenue, Agoura Hills CA 91301 from 5:00pm to 9:30pm
“I thought the diversity pageant was a great experience. It gave me the opportunity to see real diversity at work, as all the contestants were from different backgrounds. All the contestants did an outstanding job and I was honored to be a judge”, said celebrity judge and pop art artist Sham Ibrahim.
Over 55 contestant entries were received for the 1st annual Miss/Mrs Diversity & Miss/Mrs Diversity News Pageants. Francois Palais was the translator and scores auditor. The Top and Final Contestants were the following from the categories of: Mrs Diversity, Mrs Diversity News and Miss Diversity News. The celebrity judges scored the contestants based on their introduction, swim suit, answers to questions, and evening gowns.
The Winner Queens are: Mrs Diversity Marie Bogacz and Mrs Diversity News Sharon Doyle. The 1st Runner-ups are: Mrs Diversity 1st Runner-Up Gisele Rebeiro, Mrs Diversity News 1st Runner-Up Silvia E. Garcia, Miss Diversity News 1st Runner-Up Janey Westbury. The 2nd Runner-Up is: Miss Diversity News 2nd Runner-up Carlina Rebeiro. Janey Westbury won popularity special award and Sharon Doyle won Best in Evening Gown.
About Miss/Miss Teen/Mrs. Diversity and Miss/Miss Teen/Mrs. Diversity News Pageants: Diversity Pageants was founded in April 2016, in response to the controversy of no Diversity included in many entertainment award shows, television roles, modeling, media, government roles, movies roles and music, etc. The purpose and mission of Miss Diversity, Miss Teen Diversity, Mrs. Diversity and Miss Diversity News, Miss Teen Diversity News & Mrs. Diversity News Pageants! is to help woman from 14 to 75 years to become confident, make new friendships, learn leadership skills, network for new opportunities as well to empower them and pursue leadership roles in our Diverse society. For more information visit missandmrsdiversity.com
To read our client Diversity News Magazine coverage visit
Sharon Doyle Crowned Mrs. Diversity News and Marie Bogacz Crowned Mrs. Diversity of Diversity Pageants
Hollywood, CA – August 10, 2016 – Diversity News Productions Announces that they will be presenting their 1st annual Mrs Diversity & Miss/Mrs Diversity News Pageants set for November 5, 2016 in Agoura Hills, CA at The Performing Arts Education Center’s new state-of-the-art venue.
You are invited to join and witness history in the making by supporting Diversity News Productions 1st annual Ms. Diversity & Ms. Diversity News Beauty Pageants Crowning Show & Red Carpet Event to be held at The Performing Arts Education Center on the campus of Agoura High School at 28545 W Driver Ave, Agoura Hills, CA 91301 on November 5, 2016 from 5pm to 10pm. The event will feature red carpet arrivals at 5pm and the show at 7pm.
Tickets sale prices are $45, $55 Reserved (VIP) for Ms. Diversity & Ms. Diversity News Pageants Crowning Show and Red Carpet Event. To purchase online tickets or VIP tickets go to http://tinyurl.com/DiversityPageants2016
For ticket inquiries only: Call A-PAEC Box Office: (818) 889-8058, ext. 1 The PAEC Box Office hours are: A-PAEC: Mondays & Fridays from 8:30 to 11:30am and during all A-PAEC events.
You can also buy online tickets or hard tickets from the contestants. Please contact them directly to support them by buying tickets and sponsor souvenir ads. Parking is Free.
The 1st annual Ms. Diversity & Ms. Diversity News Pageants crowning and red carpet event executive producer is Steven Escobar from Diversity News Productions.
The 1st annual Ms. Diversity & Ms. Diversity News Pageants crowning and red carpet event has sponsorship opportunities for in-kind products, service, the souvenir program as well as the step and repeat media wall. For more information call (213) 321-9408 or (818) 787-1249.
The 1st annual Ms. Diversity & Ms. Diversity News Pageants has an array of contestants with very unique backgrounds and they’re are the following: Mrs. Diversity News Woodland Hills Marie Bogacz, Miss Diversity News Cabo Verde Carlina Rebeiro, Mrs. Diversity Costa Rica Gisele Rebeiro, Mrs. Diversity Lake Forest Wendy Lynn Adams, Miss Diversity News Oxnard Vanessa Reyes, Mrs Diversity Mexico Claudia Granados, Mrs. Diversity News Los Angeles Silvia E. Garcia, Miss Diversity Thailand Janey Westbury, Mrs Diversity News Santa Monica Elizabeth Sandoval, Miss Diversity News Reseda Francesca Esker aka Sunshine, Mrs. Diversity Northridge Shaily Baguerian, Miss Diversity News Hollywood Becca Minas, Mrs. Diversity News San Diego Sharon Doyle and more are expected.
In the coming weeks, Diversity News Productions will be announcing judges, VIP celebrities and politicians, sponsors, performers, pageant hosts, red carpet host, official photoshoot and pageant night photographer, final production team and final contestants soon.
If you want to be part of their pageants and you are serious to take this challenge and you want to accomplish your dreams or goals, you can still join by applying online at http://missandmrsdiversity.com/apply-now/#.V315YLgrLy0
Any accredited member of the media/press who are interested in covering our red carpet arrivals or crowning show event, please email your Name, Media/Outlet name, Website, telephone/cellular to: email@example.com
About Miss Diversity, Miss Teen Diversity, Mrs. Diversity and Miss Diversity News, Miss Teen Diversity News & Mrs. Diversity News Pageants: The purpose and mission of Miss Diversity, Miss Teen Diversity, Mrs. Diversity and Miss Diversity News, Miss Teen Diversity News & Mrs. Diversity News Pageants is to help woman from ages 14 to 75 years to become confident, make new friendships, learn leadership skills, network for new opportunities as well as empower them and pursue leadership roles in our Diverse society. For more information visithttp://missandmrsdiversity.com
About A-PAEC: The Performing Arts Education Center on the campus of Agoura High School (A-PAEC) is a new state-of-the-art venue for students, professionals and the community providing dynamic performance space. The A-PAEC entails even more than just its majestic MainStage Theater and Black Box Theater performance spaces to showcase the arts; with well-appointed dressing rooms, a relaxing green room, professional scenic and costume shops, and elegant lobbies, your next event can be produced all in one location. For more information visithttps://performingarts.lvusd.org
PRESS & MEDIA CONTACTS:
Alex Leon, Director of Marketing & PR
Linda England, Events & PR Coordinator
World Wide Vital Marketing & Public Relations Inc.
TEL: (213) 867-1997
FAX: (818) 787-1249
Editor’s Note: Please spread the word out by publishing online, print such as newspapers and magazines or mention our press release in your television news or entertainment shows, as well mention in your news and entertainment radio shows.
Public relations codes of ethics
IABC Code of Ethics for Professional Communicators PRSA Code of Professional Standards
Because public relations has roots in journalism and many of its practitioners were once journalists, there is an unfortunate tendency to apply journalism standards to public relations. It is, however, misguided and unfair to both professions. Despite using similar skills, the two fields are fundamentally different and seek different ends. Their ethical standards are also very different. That should not be interpretted as meaning that one of them is better than or worse than the other; they’re just different, and it is important to understand those differences.
PR and journalism have some similarities, but . . .
The Society of Professional Journalists (SPJ), the Public Relations Society of America (PRSA), and the International Association of Business Communicators (IABC) ethical guidelines all agree about the importance and value of such key concepts as truth, accuracy, fairness, human rights, freedom of speech, and democratic principles. But, that can be somewhat misleading.
The underlying differences between public relations and journalism are far more basic and far more critical than these similarities in what they value.
According to their own professional codes and standards, there are fundamental differences in whom they represent and whose well-being they most directly serve.
Journalism serves the general public, and journalists are expected to act in the public’s best interests even if such actions have detrimental effects on their employers.
Public relations, in contrast, serves the specific organization or client who is paying the practitioner to build and manage relationships that help that organization/client achieve its goals.
Principled public relations practitioners and organizations such as PRSA and IABC which they have established are quick to append the caveat that even though public relations is meant to serve the needs of its clients/patrons, practitioners are simultaneously expected to refrain from any action that would have a deterimental effect on the general public.
Given this fundamental difference in orientation, it’s inevitable that the specific standards which govern practitoners actions would have to be different. As stated in the lead paragraph, this doesn’t mean that one set of standards is inherently better or worse than the other. Nor does it mean that one group of professionals is more or less ethical than the other. What it does mean is that practitioners should be judged by the standards of their own profession and not by those of another field.
Some actions that are very appropriate and commendably ethical for a public relations practitioner would be viewed very differently and be condemned as unethical by the SPJ if they were performed by a journalist. Conversely, some highly regarded practices in journalism would be considered inappropriate and unprofessional according to PRSA or IABC standards if they were performed by a public relations person.
Journalists primarily serve the public’s right to know.
Begin your comparison of the differences in journalism and public relations ethics by reviewing the Society of Professional Journalist’s Code of Ethics at the following Web site.
SPJ Code of Ethics
It outlines and explains the mainstream professional view of what are currently considered to be the acceptable norms of behavior for reporters, photographers, editors and other journalists working in the United States. But, don’t jump immediately to the lists of prohibited behaviors and don’t focus solely on the distinctions between what’s acceptable and what’s unacceptable. Start with the preamble and get a clear sense of to whom the professional journalists say they owe their primary allegiance and what they see as their over-riding purpose. Then you can go on to consider the values journalists say they espouse in more detail and in an appropriate context.
Accepting the code at face value, the needs and interests of the public always come first. They are even supposed to be placed before the needs and interests of the journalists’ employers.
Public relations people primarily serve their clients’ needs.
The clearest evidence of the difference between journalism and public relations’ standards and values is found in the Public Relations Society of America’s Code of Professional Standards which is on-line at the following link.
PRSA Code of Professional Standards
Wade through the introductory comments until you reach the PRSA Member Statement of Professional Values which “presents the core values of PRSA members and, more broadly, of the public relations profession,” presumably in order of importance. It clearly indicates that advocacy for clients/employers is the primary purpose and value of public relations. It does, however, also noted that this advocacy should be done responsibly and in the public interest.
Other public relations related organizations’ codes of ethics used to be similarly explicit, but all have undergone revision — and, in my personal opinion, watering down — within the past decade. They now seem less open and less willing to admit public relations’ role as an advocate for its clients and to have an over-inflated — and perhaps unrealistic — emphasis on “the public welfare”.
Consider, for instance, the following statement from the pre-1995 International Association of Business Communicators Code of Ethics:
“Communicators should encourage frequent communication and messages that are honest in their content, candid, accurate and appropriate to the needs of the organization and its audiences. (emphasis added)
Now, compare that concise, direct statement to the current but much more ambiguously worded International Association of Business Communicators Code of Ethics for Professional Communicators. Although the practitioner’s obligation to the client is frequently implied or alluded to in this version of the code, it isn’t fully and directly admitted anywhere.
IABC Code of Ethics for Professional Communicators
For better or worse many professional codes have been recently revised.
Why, you might ask, did so many professional organizations, including PRSA, IABC, and SPJ, change their codes of ethics during the 1990’s?
In part, it was because many of the codes were old and hadn’t been reviewed or revised in decades. Revisions were overdue.
In part, it was because of legal concerns that grew out of a few high-profile lawsuits that disgruntled practitioners filed against professional organizations which had publicly cited them or imposed sanctions on them for violating ethical standards. The professional organizations lost some of these cases and were held liable for damaging the individual’s professional reputation. The reasons for these courtroom losses were attributed to the belief that the then-existing codes of ethics were unenforceably vague and/or lacking in due process protection for alleged violators.
And, in large part, the changes were undertaken out of concern for the profession’s image and its reputation. They were, quite simply, changed for public relations purposes.
To read more on Public Relations Society of America code of ethics click on picture.
Examples of a Code of Ethics for Business
A code of ethics, also called a code of conduct or ethical code, sets out the company’s values, ethics, objective and responsibilities. A well-written code of ethics should also give guidance to employees on how to deal with certain ethical situations. Every code of ethics is different and should reflect the company’s ethos, values and business style. Some codes are short, setting out only general guidelines, and others are large manuals, encompassing a huge variety of situations.
The Kraft code of ethics contains just 10 short rules of ethical behavior that all employees must follow. The introduction to the Kraft code of ethics suggests that employees should let values guide their actions in all cases. The code also stresses that if something seems wrong, it should be addressed directly. The code includes a speaking-up policy that requires employees to speak up if they are aware of any violations of the code, even those they have committed themselves. The 10 rules are: Make food that is safe to eat; market responsibly; treat people fairly; respect the free market; compete fairy; respect the environment; deal honesty with the government; keep honest books and records; never trade on inside information; give Kraft Foods your complete business loyalty.
The Verizon code of ethics is a lengthy document that contains four short core values, followed by 16 pages of specific rules and guidelines to follow in certain situations. The core values are integrity, respect, performance excellence and accountability. The specific guidelines cover situations, such as how to deal with workplace violence, alcohol use and harassment. They also cover areas of integrity and fairness, such as how to avoid conflicts of interest and how to safeguard company information. There is also a section on protecting Verizon’s company assets, including what to do in cases of sabotage and how to create accurate records.
The Colgate-Palmolive code of ethics is a long document, but is broken down into individual areas of conduct. The code is intended as a guide to all daily business interactions and is used in conjunction with the company’s business practice guidelines. The code covers 10 areas, including: Our Relationship with Each Other; Our Relationship with the Company; Our Relationship with Consumers; Our Relationship with Government and the Law; Our Relationship with Society and Our Relationship with the Environment.
Baylor College of Medicine
The Baylor College of Medicine, in Houston, has a short code of ethics that sets out basic rules and refers employees to other guidelines for more detail. For example, the code instructs all employees to follow Baylor’s Mission Statement, Compliance Program and Conflict of Interest policy. The code includes basic guidelines for how employees should handle business conduct; financial and medical records; confidentiality; Baylor property; the workplace environment; and contact with the government.
Professional Codes of Ethics
Codes of ethics are statements of principles agreed to by professional organizations that are intended to guide members in moral decision making. The statements are designed to aid individuals as they navigate their daily professional lives, and to reassure the public and their clients that the profession as a whole adheres to high standards of conduct and has a system of accountability for those who do not conform.
As a general rule, any self-regulating profession that serves the public has a duty to adhere to a professional code of ethics. Occasionally the requirement to belong to the professional group and follow its code of conduct is laid out in legislation, as is the case with professionals guided by the rule of law, including doctors, dentists, lawyers, police officers, social workers and psychologists. However, other professions, such as journalism and public relations, develop codes of conduct voluntarily to engender public trust and goodwill toward their chosen field, and to encourage uniform ethical standards and professionalism within their ranks.
Public relations professionals have several roles. They disseminate information on behalf of their clients, provide advice about the public impact of their clients’ decisions and help resolve conflicts between both parties. These roles require PR professionals to constantly balance the needs of their employers against the public’s right to honest and fair dealing. As such, ethical dilemmas are part of their daily practice and professional codes of conduct can provide guidance and enhance public trust in the public relations profession. These codes invariably demand honesty, accuracy, loyalty and principles of fairness and non-competition among members, however each professional organization refines its own code according to the environment in which it operates.
Discussion about the need to enforce a code of ethics for public relations professionals intensified in the early 1990s, following revelations about questionable testimony during United States congressional hearings in the lead-up to the first Gulf War. A 15-year-old girl known only as “Nurse Nayirah” provided evidence to the Human Rights Caucus of the United States Congress in October 1990, suggesting that while volunteering as a refugee in the maternity ward of a hospital in Kuwait City, she had witnessed Iraqi soldiers throwing babies out of incubators and leaving them to die. The testimony was important to the George Bush administration of the time, which was urging military intervention in Kuwait where Saddam Hussein’s Iraqi army had invaded and exiled the Kuwaiti government. The girl’s story about “incubator babies” was widely reported and used at least a half a dozen times in presidential speeches intended to build domestic support for the assault on the Persian Gulf, which went ahead in 1991.
Following the war, human rights groups challenged and eventually discredited this critical testimony. The girl was revealed as Nayirah al-Sabah, a member of the Kuwaiti royal family, in fact the daughter of Saud bin Nasir Al-Sabah, Kuwait’s Ambassador to the United States. Her testimony was connected to a group called Citizens for a Free Kuwait, an organization that spent millions of dollars hiring Washington’s biggest PR firm, Hill & Knowlton to win support for the Kuwaiti cause.
Public relations professionals acknowledged that the troubles surrounding Hill & Knowlton tarnished the reputation of the industry as a whole, prompting calls for PR firms and their employees to be held accountable for failing to adhere to the code of ethics prescribed by the Public Relations Society of America, the industry’s largest membership group. The PRSA’s code of ethics requires members to report ethical violations when they occur, and the PRSA board has the power to discipline or expel members for failing to live up to its code, however, membership in the PRSA is not a prerequisite for practicing as a PR counsel.
The Public Relations Society of America (PRSA) is one of dozens of professional PR trade associations in countries around the world, including theCanadian Public Relations Society, the Public Relations Institute of Ireland and the Chartered Institute of Public Relations in the UK, all of which have their own code of conduct for members. Most belong to the Global Alliance for Public Relations and Communications Management , an organization that seeks to share ideas and ethical best practices among its members.
The Global Alliance provides sound guidance for member agencies on ethical behavior through its Global Ethics Protocol on Public Relations, written in 2002. Member societies have incorporated the principles of this protocol in their own codes of ethics.
The Global Ethics Protocol contains, among other things, a declaration that members work to enhance the reputation of the PR business by remaining objective and by accepting a duty to a broader society than the client he or she represents.
It also requires members to pledge:
- To conduct ourselves professionally, with integrity, truth, accuracy, fairness, and responsibility to our clients, our client publics, and to an informed society;
- To improve our individual competence and advance the knowledge and proficiency of the profession through continuing education and research and where available, through the pursuit of professional accreditation;
- To adhere to the principles of the Global Protocol on Ethics in Public Relations. (1)
The protocol also requires members to adhere to high standards of honesty, integrity, expertise and loyalty in their work.
The Chartered Institute of Public Relations (CIPR) in the UK recently added an advisory note its code of conduct to include Social Media Guidelines, warning members about special issues pertaining to networking sites on the Internet. Social networking sites including blogs, facebook, twitterand youtube are widely used and trusted by many target market audiences, and allow information to be circulated globally in rapid fashion. The CIPR encourages members to maintain its standards of honesty and non-competition while using social media, and warns them about the danger of misusing intellectual property, violating disclosure agreements, the possibility of defamation and invasion of privacy.
While PR groups do set out codes of ethics for their members, it is difficult to enforce them. Many PR professionals simply don’t belong to trade groups, and neither do their employers. Membership of these groups is composed of individuals, not companies or organizations, which means companies that operate unethically from a public relations perspective are beyond reproach.
Learn About Broken Oral Agreements
Every day, oral contracts are made with no intention or even feeling that they need to be written down. This may happen in person or over the phone for services or products like utilities, car insurance, or deliveries. The parties orally have agreed to the terms. Or an insurance agent may have interpreted the written contract to say that everything is covered under the policy. That constitutes a contract that is just as binding as a written one.
Many state and federal laws exist to ensure enforcement of oral contracts. While all important contracts should be written, oral contracts are often a convenient and commonly used form of agreement between people or companies.
What is an oral agreement?
If problems or disagreements should arise, the main problem with an oral contract is that the case becomes one person’s word against the other. Some states may have laws (called statutes of frauds) that regulate the type of property or amount of money an oral contract can involve. States also have a statute of limitation on any contract.
Was there an offer and acceptance? A meeting of the minds?
Contracts are not valid until there is an offer and acceptance. A meeting of minds occurs when all parties agree to the material or important terms and conditions of the deal. Usually, this means that if major points such as price are not agreed upon, there is not a binding contract. On the other hand, if the major points are agreed upon, the need to work out minor details or specific contract language may not prevent a meeting of the minds.
Value of the Agreement
In any contract, each side must give the other something of value for the agreement to be binding. This could be an exchange of money such as a down payment or a mutual promise of some future benefit.
When to Seek Legal Advice
The essential problem with oral contracts is that they can be difficult to prove and enforce. The party who chooses not to honor its bargain will claim that no agreement was ever reached or insist that the agreed-upon terms were not as claimed. The case may be decided on whatever evidence is available – notes that were made at the time, witness recollections of what was said, emails, even plain common sense. This is why anything in writing, even doodle filled notepads and backs of envelopes, suddenly take on huge significance.
Learn About Breach of Contracts
In a perfect business world, agreements would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real business world, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a successful contract from being carried out. Following is a discussion of the legal concept of “breach of contract,” and your options should such a breach occur.
What is a “Breach of Contract”?
A business contract creates certain obligations that are to be fulfilled by the people or companies who entered into the agreement. In the eyes of the law, a party’s failure to fulfill an end of the bargain under a contract is known as a “breach” of the contract. Depending on the specifics of the contract, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either “material” or “immaterial” for purposes of determining the appropriate legal solution or “remedy” for the breach. [More on legal remedies for breach of contract can be found below.]
To illustrate how a breach of contract might happen in the real world, assume that R. Runner contracts with Acme Anvils for the purchase of some of its products, for delivery by the following Monday evening. If Acme delivers the Anvils to Runner on the following Tuesday morning, such a breach of the contract would likely be deemed immaterial, and R. Runner would likely not be entitled to money damages (unless he could show that he was somehow damaged by the late delivery). However, assume now that the contract stated clearly and explicitly that “time is of the essence” and the anvils MUST be delivered on Monday. If Acme delivers after Monday, its breach of contract would likely be deemed “material,” and R. Runner’s damages would be presumed, making Acme’s liability for the breach more severe, and likely relieving Runner of the duty to pay for the anvils under the contract.
What Happens After a Contract is Breached?
When a breach of contract happens (or when a breach is alleged), one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach.
If a dispute over a contract arises and informal attempts at resolution fail, the most common method used to resolve contract disputes and enforce contracts is through lawsuits and the court system. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to use “small claims” court to resolve the issue.
Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can agree to have a mediator review a contract dispute, or may agree to binding arbitration of a contract dispute. These out-of-court options are two methods of “alternative dispute resolution.”
No matter what avenue is chosen to remedy a breach of contract, the non-breaching party will most likely be entitled to some kind of remedy under the law.
Remedies for a Breach of Contract
When an individual or business breaches a contract, the other party to the agreement is entitled to relief (or a “remedy”) under the law. The main remedies for a breach of contract are (1) damages, (2) specific performance, (3) or cancellation and restitution.
The remedy that is most often used for a breach of contract is the remedy of damages — payment in one form or another, made by the breaching party to the non-breaching party. There are many kinds of damages, and generally speaking damages may be very specific to the kind of breach that has occurred. Following are some guidelines on damages.
Compensatory damages aim to put the non-breaching party in the position that they had been if the breach had not occurred.
Punitive damages are payments that the breaching party must make, above and beyond the point that would fully compensate the non-breaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts, and are rarely awarded in the business contracts setting.
Nominal damages are token damages awarded when a breach occurred, but no actual money loss to the non-breaching party was proven.
Liquidated damages are specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached. Liquidated damages should be a reasonable estimate of actual damages that might result from a breach.
Specific Performance. If damages are inadequate as a legal remedy, the non-breaching party may seek an alternative remedy called specific performance. Specific performance is best described as the breaching party’s court-ordered performance of duty under the contract. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been had the breach not occurred.
Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. “Restitution” as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while “cancellation” of the contract voids the contract and relieves all parties of any obligation under the agreement.