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A cease and desist letter to the party in breach to stop and remedy the breach of confidence or face legal action from the party whose contractual right has been violated.
It is a means to enforce performance so as to prevent the innocent party from further suffering from a breach of contract. It is also a nicer way to resolve a potential dispute between the contractual parties, by “reminding” the breaching party to perform to avoid taking the case to court – saving time and money for civil litigation proceedings.
In this letter, the innocent party shall refer to the contract between the parties and raise the specific commitment that the breaching party has failed to perform as stated in a particular contractual clause. The innocent party shall also clearly indicate that he is fully aware of the breach resulting in either an act or omission committed by the breaching party, in direct violation of the contractual agreement; and outline the damages that he had suffered.
Accordingly, the innocent party shall demand the breaching party to immediately cease and remedy the Breach and comply with the commitment as stated. If the breaching party failed to act in accordance with this letter, the innocent might exercise his right to file a lawsuit against the breaching party to assert his contractual rights.
How to use this Document?
This document should be carefully read by the sender - the innocent party and the receiver of the document - the breaching party.
The innocent party should sign and send to the breaching party, and once signed, both parties should get a copy.