Open Source Licensing: Software Freedom and Intellectual Property Law

Enforcing the Terms of a Contract

Proving breach of contract has been the subject of literally millions of lawsuits. It would be impossible to summarize that body of case law and statutes effectively in this book. Indeed, contract enforcement depends in some ways on the jurisdiction in which the case is brought, and most such cases are fact-specific. I will list only the major rules that apply in many jurisdictions:

• Courts will generally try to give effect to the written contract of the parties. Parties are allowed to agree to almost anything as long as it is not against public policy.

• Aggrieved litigants are not allowed to back out of contracts they made simply because the terms are no longer to their liking. It usually doesn't generate sympathy ...