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Notice To Cure Breach Of Contract for Philippines

Notice To Cure Breach Of Contract Template for Philippines

A formal legal notice document governed by Philippine law, specifically designed to notify a contracting party of their breach of contractual obligations and provide them with an opportunity to remedy the situation. This document serves as an essential preliminary step before pursuing more severe legal remedies under Philippine civil law. It must clearly identify the specific breach, reference the relevant contract provisions, specify the required corrective actions, and provide a reasonable time frame for the breaching party to cure the default, all while adhering to the requirements set forth in the Civil Code of the Philippines and related jurisprudence.

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What is a Notice To Cure Breach Of Contract?

The Notice To Cure Breach Of Contract is a crucial legal document used in the Philippine jurisdiction when one party needs to formally notify another that they have breached their contractual obligations. This document is typically issued before pursuing legal remedies such as contract termination or litigation, as it provides the breaching party with a formal opportunity to rectify their default. Under Philippine law, particularly the Civil Code, this notice serves as evidence of due process and good faith in contract enforcement. The document must specify the nature of the breach, cite relevant contract provisions, detail required remedial actions, and provide a reasonable cure period. It's an essential tool in commercial relationships as it can either lead to the resolution of contractual issues or serve as documentary evidence in subsequent legal proceedings if the breach remains uncured.

What sections should be included in a Notice To Cure Breach Of Contract?

1. Sender and Recipient Details: Full legal names and addresses of both parties, including the date and reference numbers

2. Contract Reference: Clear identification of the specific contract being breached, including date of execution and any relevant contract numbers

3. Breach Description: Detailed description of the specific breach(es) of contract, including relevant contract clauses that have been violated

4. Evidence of Breach: Specific instances, dates, and details of the breach(es)

5. Cure Period: Clear statement of the time period allowed to remedy the breach, with specific deadline date

6. Required Remedial Actions: Specific actions required to cure the breach

7. Consequences of Non-Compliance: Statement of legal actions that will be taken if the breach is not cured within the specified period

What sections are optional to include in a Notice To Cure Breach Of Contract?

1. Previous Communications: Reference to any previous notifications or discussions about the breach, used when there have been prior attempts to resolve the issue

2. Financial Impact: Details of any financial losses or damages incurred due to the breach, included when monetary compensation is part of the remedy

3. Reservation of Rights: Statement preserving other legal rights and remedies, included in more formal or serious breach situations

4. Good Faith Statement: Expression of willingness to discuss resolution, included when maintaining business relationship is desired

What schedules should be included in a Notice To Cure Breach Of Contract?

1. Evidence Documentation: Copies of relevant documents proving the breach

2. Contract Copy: Copy of the original contract with relevant sections highlighted

3. Communication Log: Chronological record of previous communications regarding the breach, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Philippines

Cost

Free to use

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