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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118780
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does North Carolina require a right to cure even if no

Customer Question

Does North Carolina require a right to cure even if no "notice and cure" provision is included within the contract?
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just essentially whether if,, because of a breach in fiduciary duty, we need to give an opportunity to cure the contract or can we terminate with ntoice
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There is no North Carolina case law that holds that there is an implied right to cure in the absence of an express contractual provision. The North Carolina courts have be steadfast in the principle that an unambiguous contract must be enforced as written. “If the language is clear and only one reasonable interpretation exists, ‘the courts must enforce the contract as written; they may not, under the guise of construing an ambiguous term, rewrite the contract or impose liabilities on the parties not bargained for and found therein.’ ” See: Hodgin v. Brighton, 196 N.C. App. 126, 129, 674 S.E.2d 444, 446 (N.C. Ct. App. 2009) (citation omitted). This well established principle of law is used to suggest that there will not be implied into a contract a right to cure when none is expressed but this argument is not conclusive.
The only NC law covers notice and cure provisions actually written in the contract and the courts hold “Under North Carolina law, breach of contract occurs when a party terminates or repudiates a contract without providing the notice and cure period required by the contract. See: Dishner Developers, Inc. v. Brown, 145 N.C.App. 375, 549 S.E.2d 904, aff’d, 354 N.C. 569, 557 S.E.2d 528 (N.C.Ct.App.2001).” In re Eagle Creek Subdivision, LLC, 08-04292-8-JRL, 2010 WL(###) ###-####(Bankr. E.D.N.C. May 7, 2010).
So based on the current law, if there is no right to cure in the contract, no right to cure is necessary.
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