The Notice To Remedy Breach of Contract is a crucial legal instrument in Philippine contract law, serving as a formal mechanism to address contractual violations while maintaining business relationships. This document is typically used when one party has failed to fulfill their contractual obligations, but before pursuing litigation or contract termination. It must comply with the requirements of the Civil Code of the Philippines, particularly Articles 1169-1191 regarding breach of contracts and available remedies. The notice should detail the specific breach, reference relevant contract clauses, specify required remedial actions, and provide a reasonable timeframe for compliance. It serves both as a demand for performance and as documentation of the non-breaching party's reasonable attempts to resolve the issue before pursuing more aggressive legal remedies.
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1. Sender Details: Full name, address, and contact information of the party sending the notice
2. Recipient Details: Full name, address, and contact information of the breaching party
3. Date: Date of the notice issuance
4. Contract Reference: Clear identification of the contract in question, including date of execution and parties involved
5. Description of Breach: Detailed description of how the contract has been breached, with specific references to relevant contract clauses
6. Remedy Required: Clear statement of what actions are required to remedy the breach
7. Timeframe for Remedy: Specific deadline by which the breach must be remedied
8. Consequences of Non-Compliance: Statement of legal actions or consequences that will follow if the breach is not remedied within the specified timeframe
1. Previous Communications: Reference to any previous notifications or communications regarding the breach
2. Financial Impact: Details of any financial losses or damages incurred due to the breach
3. Without Prejudice Statement: Statement preserving legal rights and remedies
4. Reservation of Rights: Statement reserving the right to pursue additional remedies or take further action
5. Dispute Resolution Reference: Reference to dispute resolution clauses in the original contract, if applicable
1. Copy of Original Contract: Attachment of the relevant contract being breached
2. Evidence of Breach: Documentation, photographs, reports, or other evidence demonstrating the breach
3. Record of Previous Communications: Copies of previous correspondence, notices, or warnings regarding the breach
4. Financial Documentation: If applicable, documentation of financial losses or damages incurred
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