It doesnt matter what is actually in contracts if it is breached by either party to the deteiment of the other party then their are damages to be paid The payment of damages — payment in one form or another — is the most common remedy for a breach of contract. There are many kinds of damages, including the following: Compensatory damages aim to put the non-breaching party in the position that they would have been in if the breach had not occurred in the first place.