Before taking any action, you should prepare a written report on what exactly happened, what led to the violation of your contractual rights and how you believe your rights were violated. However, it is important to note that there are no punitive damages for contractual remedies and that the non-infringing party cannot be awarded more than expected (monetary value of the order if it had been fully executed). Statements of fact in a contract or when obtaining the contract are considered guarantees or insurance. Traditionally, guarantees are factual promises enforced through a contractual process, regardless of materiality, intent or trust. [68] Statements have traditionally been pre-contractual statements that constitute an act based on tort (e.B.