You don’t necessarily have to be a businessman before you make deals, or enter into contracts. Irrespective of what you think, we all enter into contract every day. A contract can be as little as paying a taxi driver to take you to a certain location; it doesn’t necessarily have to be huge before we call it a contract.
When you hire a plumber, a painter, or a lawn mower to do a certain job for you, you are entering into a contract with the individuals. His obligation is to carry out a specific job for you-as agreed-while yours is to pay him a certain amount of money upon the completion of the job, as agreed. A breach of contract occurs when one party fails to fulfil his end of the deal. In the instance provided, a contract breach may occur if you refuse to pay the painter after the job must have been completed. Or, on the side of the painter, a breach may occur if he fails to carry out his job which is to paint an agreed room or space.
Now, breach of contract can either be partial or whole. A breach of contract is deemed partial if one of the parry breaches the contract partially. That is, for instance, if someone hires a plumber to fix a broken pipe and he ends up not paying the plumber in full (even after the completion of the job), such a person has breach his contract with the plumber and the plumber has the right to sue him to court for a breach of contract.
A breach can also happen when a party fails to carry out a job in time, or if the party decides to ignore some important agreement of the contract and do as he or she pleases.
How does a breach of contract 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.
What establishes a contract breach?
When you and an individual enter into an agreement and he doesn’t honor the agreement, you have every right to take him to court 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 indicate 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.
Breach Of Contract Lawyer
A breach of contract is a civil wrong, thus settling this case outside court can save you some stress and money. If peradventure, the case is one that needs to be heard by a Judge, it is best you hire a competent breach of contract attorney. Mind you, a breach of contract attorney could also be key in an out-of-court resolution. He could act as a mediator during the out-of-court settlement process.
In business law, a lawyer’s primary job is to represent the client in contract litigation. So if you find yourself at either ends of a contract ligation, ensure you hire a competent breach of contract lawyer. One who is very conversant with everything regarding business law and contract breach. If possible you should also consider hiring a lawyer who has previously handled as case like yours.