It would be wonderful if the business world were free of contract disputes. Unfortunately, this is not the case. It is quite common for businesses to enter into a contract only to have one of the parties in breach. When a company is in breach of contract, serious problems could result. Let Legal Sweeney help you remedy the situation. We have many years of working with helping businesses like yours settle business disputes. What is a Breach of Contract? A contract is breach when one of the parties named in the contract does not fill their commitment as detailed in the contract. There are a number of ways that a breach can occur; for example, when a party isn’t able to follow the agreement that was made, doesn’t make payment, or does not deliver something specified within the contract on time. A contract is breach can be categorized four ways: Material Breach Minor Breach Anticipatory Breach Fundamental Breach When a person or business does not complete their obligations, the other party may be able to take legal action. Proving a Breach of Contract Often when there has been a breach of contract you will have to go before a judge in order to remedy the situation. There are several standards that must be met in order for you to prove that there has been a breach of contract. You must be able to prove that there was a contract in place between the parties involved. Proof that the other party breeched the contract. That the person or business identified as the defendant is the correct person to file a lawsuit against. You must be able to prove that you were negatively impacted financially because of their inability to perform the contract that was initially agreed upon. Collecting Damages When one party has broken a contractual agreement, they may be entitled to collect damages in some way for the breach. When one party breaks a contract they had initially agreed to, legal action with the help of a contract lawyer may be necessary. One party may choose to seek damages for any losses they may have incurred as a result of the contract being broken. Damages are often in the form of money and are awarded to the party who suffered financial loss as a result of a breach of contract. Damages come in several forms, for example: Compensatory Damages Nominal Damages Punitive Damages In certain instances, you can also get the other party to perform their obligations under the contract, called specific performance. As a business owner, you will want to resolve any contract issues you may be having as quickly as possible so that you can get on with your day-to-day business dealings. Contract Breaches A breach of contract lawyer can help right the wrongs that your company might experience. Breach of Contract Explained A breach of contract occurs when at least one obligation within the contract was not fulfilled. There can be many situations in which a breach of contract occurs. This includes an employee doing something their job contract explicitly states is not allowed; a contractor not receiving payment for a completed job; or if a contractor does not complete a job they agreed to perform. Contract breaches are very difficult for individuals and small business. Unfortunately, they normally waste time and money. There are four types of contract breaches that a lawyer can help you resolve: Material Breach: A material breach is when one party does not perform the duties listed in the contract. This type of contract breach is considered very serious and allows for the affected party to take the other party to court for damages. An example of a material breach would be if a painter completed his task of painting a house but when he went to collect his pay, the homeowner refused to pay the agreed fee. A breach of contract lawyer in [ ] from [ ] can be an important asset to small business owners. Fundamental Breach: A fundamental breach is when one party fails to complete a term of the contact that was so essential to the contract that the other party could not complete their end of the contract. An example of this would be someone signing a lease with the landlord and then when the person went to move into her new home, someone else was living there. A breach of contract lawyer can review your case at no charge and determine if we may be able to assist you. Anticipatory Breach: An anticipatory breach occurs when one party states they will not be fulfilling their contractual obligations. This can be stated with words or by action. An example of anticipatory breach would be if a builder is contracted to have a home built by March 1st but they have not started construction in time to finish by the deadline. Minor Breach: A minor breach is when one party in the contract does not perform part of the contract. This is different from a material breach because with a minor breach the other party still receives the service or item stated in the contract. An example of a minor breach would be if a buyer ordered goods from a seller and there is a significant delay in the delivery. The buyer would still be responsible for the cost of the goods but the seller may be responsible to pay for any damages caused by their delay. Our lawyers will help you verify that you had a contract, the contract was broken, you lost money, and that the other party was responsible.
