4 ms·
I don't have much to add to the sibling comment. It is purely up to the parties of the contract to determine if the other breached it. The remedies of that brea
by agar 6y ago
I don't have much to add to the sibling comment. It is purely up to the parties of the contract to determine if the other breached it. The remedies of that breach are specifically covered in the contract itself.
Nothing needs to be "proven in court, before playing any such cards." It needs to be asserted. Once asserted, there may be a cure period (the licensee might have 30 days to remedy the problem, otherwise the contract terminates).
The party may disagree, and could negotiate different remedies or timelines - again, no court is required here. However, if they can't come to terms, then they can pursue this in contract court.
Be aware that I'm not defending, or justifying, or taking a position on any of this. It's just how it is. If you don't like it, then work on reforming tort and contract law as opposed to stating on Hacker News that the basis of most worldwide commerce is "nonsensical."