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Old 03-19-2008, 04:37 PM
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MTI MTI is offline
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This is just general . . . not specific to any particular claim . . .


Bench warrants are issued by the court to compel a person's attendance, via arrest, when that person has failed to voluntarily appear under a court's order. Bench warrants can be issued against prospective jurors that don't report to the jury pool; witnesses under subpoena; or other persons who are under a court imposed obligation to be present in court.

It is not typically used in a civil matter (contract claim) unless the other party already has a judgment and has obtained a subpoena to conduct a debtor's examination which the debtor has failed to attend.

Under general contract law, and in the absences of any contract terms to the contrary, the breach of the buyer only makes the buyer liable for the goods delivered, not for future goods yet to be delivered unless those items were specially made for th customer or of such nature that only that particular customer would benefit from them.

Unless there is a "liquidated damages" clause in a contract which pre-determines a remedy where it would be difficult to figure out the actual damages, then the seller's remedy is primarily actual damages suffered.

The laws of contracts and remedies varies by jurisdiction, so your results may vary. For instance, the statute of limitations in many states for contract actions is six years, but some measure from the date of contract, while others may measure from the date of breach. Debt collectors may have their own specific statute of repose as well.
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