In our everyday life, we interact with one another in different ways. As these interactions continue, sometimes the actions or inactions of others may cause harm to you physically, financially, emotionally, or otherwise. The harm you suffer could simply be as an infringement on your right. When such harm or losses are incurred, you can seek for compensation (damages) from the party who caused you harm by suing them in court. Such a lawsuit is known as litigation.
Breach of Contract
Litigation can result from a breach of contract. As people go into contracts, a party may fail to fulfill their own obligations according to the contract terms and therefore put the other party in an unfavorable position, be it financially or otherwise. This is known as a breach of contract, and the aggrieved party may sue (litigate). Legal experts who are specialized in handling such litigation cases are known as breach of contract litigation attorneys.
Contracts are a building block of most companies and corporate bodies. Contracts are agreements made between two or more parties and are enforceable by law. When such an agreement is broken, one or more parties end(s) up being defrauded or suffering other form of financial loss. It then falls to the law to serve justice, and it is recommended that the non-breaching party hires a breach of contract litigation attorney to offer them legal representation in suing and obtaining damages from the breaching party.
Contracts being a delicate affair, we also offer professional advice and assistance in drawing out agreement forms and terms to ensure that the best interests of the parties concerned are protected.
We aim to give clarity to contractual agreements and remove ambiguity, prevent mistakes and disagreements when drafting the contract, and prevent fraud.
Requirements for a breach of contract litigation
For any breach of contract litigation to be substantial in a law court, it must meet four requirements viz.:
- The contract must be valid: For a breach of contract litigation to be upheld by the court, there must be proof that the contract is legally binding. A legally binding contract must possess all the required elements of a valid contract and without these, the case will be dismissed.
- The claimant must show valid proof that indeed there was a breach in the part of the accused party.
- The claimant must prove himself before the court to have carried out his own obligations of the contract to the letter.
- The claimant must notify the defendant about the breach before taking steps to file a lawsuit. Such notification is better documented to serve as proof before the court.
Simply put, there is commercial litigation when one party in a business setting accuses another party for financial misconduct. Commercial litigation arises from financial disputes in business transactions among individuals, business owners, shareholders, and business corporations.
Commercial litigation can also involve a breach of contract since businesses usually go into contracts with one another before carrying out business interactions. When there is a conflict among parties involved in a business transaction due to a breach of contract, the normal business work flow might wane and this can lead to huge financial losses to any firm. It becomes important that such disputes be resolved quickly in or off the law court.
As a law firm based in Miami, we have competent litigation attorneys who are available to offer your company legal representation, protect your company’s rights and interests and obtain your rightful position at the end of the litigation process.
We are here to help
When you incur losses or get hurt physically, financially, emotionally, or otherwise as a direct or indirect result of a breach of contract, civil and contract law gives you the privilege to file a lawsuit against the accused in order to seek compensation (damages). The accused can be an individual or a large corporate body, and as litigation cases are often complex and time-consuming, you need legal representation from an experienced breach of contract litigation attorney to ensure you get the relief you seek.
That is why we are here to help. We are a law firm specialized in handling commercial and breach of contract litigation cases with an in depth understanding of the ups and downs of contract law. We harness these laws to protect the rights and interests of our clients. Contact us today.