What's Fair? Blog

We have written before about the “aggravated breach of contract” theory under N.C. Gen. Stat. § 75-1.1. This theory can make a breach of contract a springboard to treble damages. Most decisions on this theory leave a key question unanswered: When a plaintiff wins on an aggravated-breach theory, which damages […]

A breach of contract alone does not violate N.C. Gen. Stat. § 75-1.1. If a breach is accompanied by “substantial aggravating circumstances,” however, the breach does violate section 75-1.1—and the plaintiff’s contract damages are multiplied by three. Despite these high stakes, courts have given almost no explicit guidance on what counts […]