Not all breach of contract is a result of non-compliance, but all non-compliance can be considered as a breach of contract.
Breach of contract cannot be eliminated but non-compliance can surely be managed. How? Keep reading the remedies of breach of contract and how obligation management can help.
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Managing Breach of Contracts with Obligation Management
1. Managing Breach of Contracts
Can Obligation Management Help?
Delivering The Future of Work
2. Breach of Contract
A breach with a lifecycle over 200 days cost an average of $4.87 million in 2021, vs. $3.61 million
for a breach with a lifecycle of less than 200 days.
IBM Research
“
3. 3
Let’s look first at
Breach of
Contract - Types
From timing
perspective
Actual Breach
Anticipatory
Breach
Express Breach
Implied
Breach
From severity
perspective
Minor (Partial)
Breach
Material
Breach
4. Actual Breach & Anticipatory Breach - Examples
Actual
Breach
Vendor agrees to deliver X kg of goods to the buyer on 30th November, but
fails to do so
Express
Breach
Vendor agrees to sell his property to the buyer on 30th November, but
before that date he informs prospective buyer that he can’t sell his
property to him
Implied
Breach
Vendor agrees to sell his property to the buyer on 30th November, but
before that date he sells his property to another person
5. Minor Breach & Material Breach - Examples
Minor
Breach
Vendor agrees to deliver X kg of goods to the buyer on 30th November, but
delivers goods a week later
Material
Breach
Vendor agrees to deliver X kg of goods to the buyer on 30th November, but
neither delivers nor informs about it
6. Breach of Contract - Remedies
• Injunction
• Restraining orders from court
• Rescission
• Cancellation of contract
• Specific Performance
• Court order to perform the promise
• Liquidated Damages
• Specific agreed compensation
• Nominal Damages
• Award of a trivial sum of money
• Compensatory Damages
• Monetary damages based on actual
loss
7. Consequences of Non-Compliance
All contractual obligations are meant to be complied with!
Non-compliance or a breach of contract can result in serious impact such as
termination of the
contract
massive
government fines
loss of business
failure of the non-
complying party
9. Role of Obligation Management
Not all breach of
contract is a result of
non-compliance; but
all non-compliance
can be considered as
a breach of contract.
Breach of contract
cannot be eliminated
but non-compliance
can surely be
managed
Invest in optimal and
intelligent CLM to detect
or prevent failure to
contractual obligation
Understand and identify
contractual obligations
from currently active
contracts
Effectively track and
manage contractual
obligations
10. 10
Aavenir Obligationflow
Analyze past
agreements
Compare similar
contracts that
resulted in breach
AI extraction helps
discover
commonalities that
you can avoid
Auto-discover key
contractual
obligations with AI
Help fulfil all
obligations with
digital workflows
Increase
compliance, save
time and reduce
business risks
Prevent revenue
leakage and help
you get the full
value out of your
contracts
How Aavenir Obligationflow helps reduce risks of contractual breach and increase
contractual obligation compliance?
11. ServiceNow – Now Platform
Aavenir Obligation Compliance Workflow
11
🡨 AI TECHNOLOGY 🡨 🡨 WORKFLOW 🡨
Aavenir Obligationflow for ServiceNow
Import
Any Contract
Any Platform
>>>>>>>>
NLP
Discover
>>>>>>>>
AI-enabled
Obligation Extraction
AI/M
L
Fulfil
Create Task and Assign
to relevant stakeholders
in your Enterprise
>>>>>>>>
Workflow
Comply
Dashboard & Reports
Automated Reminders
Automate Compliance
>>>>>>>>
Dashboard
12. Obligation Compliance
Management Software Buyers’
Checklist
Free Download
Test Drive
Obligationflow
Know About
Obligationflow
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