Principle

CIVIL PROCEDURE — Fundamental Rights Enforcement Procedure — Principal Claim for Breach of Contract Cannot Be Initiated Under Fundamental Rights Procedure Rules

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Breach of contract claims are governed by ordinary civil procedure rules. The fundamental rights procedure is not a substitute for contract procedure. Initiation under the wrong rules is a fundamental procedural error. The principal claim determines the proper procedure. The principle applies to all breach…

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