Contract breach is a very common term. From the words “Contract breach”, you should have some insight into what it’s about. Contract breach occurs when two party enters into an agreement but at one point one of the party fails to honor his end of the agreement. It is that simple.
Contract breach can be partially or wholly. For instance, you pay a painter to paint your house but for some reasons he ends up not showing up at the agreed time. In such scenario, the painter has breached or broken the contract he had with you. At that point in time, you can sue the painter for a breach of contract. Now in that instance, the contract wasn’t partially breached, it was breached completely. In the case where the painter shows up but paints only a portion of your house and leaves or if he does a job you don’t like, it is ok to say that the painter partially breached the contract.
When a contract is breached, the resulting damages is often taken care of by whoever breaches the contract. Cases like contract breach are often settled in court with both parties hiring a contract breach attorney to represent them. Also, one thing you must know is that each country has its unique contract law. The contract law in the United States doesn’t apply in France. So when filing for a breach of contract lawsuit ensure that you do your homework on the contract law of the country so that you understand how such country defines “Contract breach” and the necessary steps to take.
What establishes a contract breach?
When you enter into an agreement with someone and he ends up not keeping to his end of the deal, you have the right to sue him for a contract breach. In court, it is the duty of the judge to examine the contract, he or she will review all the contract terms and requirements to ascertain if the contract was really breached. The judge can’t deem the contract breached if he sees no evidence that it was indeed breached. Also, for the judge to state that the contract was breached, the plaintiff will have to show the judge hat a contract breach occurred and that he did his part of the agreement. Before taking the case to court, the plaintiff will have to notify the defaulting party that there was a contract breach.
How does a contract breach occur?
A Contract breach can occur in several ways. A breach can occur when
- A party decided not to carry out his end of the agreement either partially or completely
- Acts in a way that seems like he isn’t ready to fulfill his end of the deal or agreement
- The contract becomes one that cannot be executed due to the negligence of a party.
The above classifications only depicts the various ways a contract can be broken it doesn’t depict the severity of the breach. It is the duty of a judge to ascertain if a contract breach really occurred based on the claims of the involved parties.
Why do you need the help of a Contract Breach Attorney?
Contract breach can be a very complex case if you don’t involve the necessary professionals. To successfully tackle cases like contract breach, you must have vast experience in the field of contract breach, you must also have an in-depth insight about the process involved, the documents needed, the contract law of the state, including other related information.
It is the job of a contract breach attorney to handle contract breach cases. These professionals have not just the experience and knowledge regarding contract breach, but the resources to ensure that the case ends with you smiling. If the contract breach resulted in substantial damages, a breach attorney can help in ensuring that all the incurred damages are well recovered and your rights regarding the contract is well safeguarded.