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That is ok, because the nonbreaching party has already freely negotiated and included his breach remedies in the contract. If he has acted wisely, particularly in a secured loan situation, his contract should fully protect him.
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If he has not acted wisely (needs taxpayer bailout to prevent bank collapse), perhaps the non-breaching party needs some jail time. Corporate malfeasance? I realize that wouldn't happen in a world where mega-bonuses are paid for ruining corporate performance, and corporate officers are generally sheltered from liability, but i can always dream.