Breach of contract explained
Contracts are agreements made legally between two or more parties. Each party is bound by the contract to execute a specific role or obligation and when a party neglects or violates their own obligation, we say there has been a breach.
When there is a breach of contract, the affected party is allowed by law to take the contract-breaker to court. A court case involving a breach of contract is known as a breach of contract litigation, and the contract-breaker may be required to pay compensation to the claimant.
Breach of contract attorneys can help you litigate a breach of contract
Handling a lawsuit is never an easy process and this is one reason why you need the legal backing of an attorney. Our breach of contract attorneys will offer you professional assistance in litigating a breach of contract, determining the best legal steps to take to ensure that your best interests are protected, and give you legal representation in court.
Types of breach of contract
- Anticipatory breach: In an anticipatory breach, the accused forewarns the Innocent party of their intention to back out of the contract without fulfilling their obligations. After receiving this information, the innocent party has the legal right to litigate.
- Material breach: A material breach completely annuls the contract because it breaks the primary goal of the contract, and renders the contract no longer practicable. This type of breach is the most commonly litigated type.
- Minor breach: This is a kind of breach in which the contract-breaker fails to carry out a particular minor detail of the terms of agreement. The detail violated does not materially affect the goal of the contract as a whole.
Requirements for a breach of contract litigation
There are basically four elements which a claimant must prove for the breach of contract claim to be upheld by the law court.
- There must be proof that the claimant had notified the breaching party of the breach before filing a lawsuit.
- The contract must be valid. It must contain all the elements that make a contract legally enforceable.
- The claimant must provide proof that the contract-breaker had violated the terms of the contract of which a loss or harm is suffered as a result of the breach.
- The claimant must prove that they have completed their own end of the contract to the letter.
What to do when a breach occurs
Whether or not you are the contract-breaker, there are steps to take to ensure things are put aright.
The contract-breaker may hire a breach of contract attorney for advice on what needs to be done to correct their mistake.
If perhaps the contract was breached unintentionally, the contract-breaker can quickly turn around and carry out the obligation they have failed to do. This puts them in a favorable spot before the court if peradventure the other party ends up litigating. The contract-breaker should do what the contract mandates them to do when the contract is breached. This is why every contract should contain a clause. The clause may give a time frame for the issue to be fixed, or state that the contract is completely annulled when any of the terms are broken.
The contract-breaker should also endeavor to speak and plead with the other party (or parties). This may help them resolve the issue without litigation.
The innocent party:
After suffering a loss or harm from a breach of contract, there is no law mandating the innocent party to accept any remedial action from the breaching party. He or she can sue the accused in order to seek compensation. However, it is important to discuss with a breach of contract attorney to know what is best for your situation and what steps to take to ensure you get the relief you desire.
Before filing a lawsuit for a breach of contract, the innocent party must collect all important documents relating to the contract, such that proves that there was actually a breach. This leads us to the requirements for a breach of contract litigation.
Breach of contract attorneys is your next best step
When there is a breach of contract, a lot of things are often involved and it is important you get a good footing with the law before litigating a breach or trying to fix it. We understand how much a party can suffer from a breach and that is why as a law firm, we offer professional assistance and representation to claimants seeking damages. As an accused, it is also important you consult a breach of contract attorney such as we have, in order to know what steps to take to resolve the issue with the claimant, or defend your case if you feel wrongfully accused. Contact us to speak with one of our breach of contract attorneys.