Breach of Contract
A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability. Contract violations do not cure themselves. Whether someone else has broken their promise or you are being accused of a breach, Made Law Group provides thorough legal representation.
Under contract law, the breach of contract can be categorized as material or immaterial, depending on the type of damages the at-fault party has caused. A material or total breach occurs when the duty not performed is so essential that the main purpose of the contract cannot be fulfilled. An immaterial, or partial breach occurs when the majority of the duties specified in the contract have still been performed. You can still seek damages after a partial breach, but you cannot terminate the contract.
Made Law Group can identify creative solutions for clients in all types of contract breach cases, including allegations of:
- Actual breach — When one party fails to honor their obligations under the agreement.
- Anticipatory breach — If the other party to your contract has indicated their clear intent to violate its terms, legal relief might be available.
- Fundamental breach — In some instances, one’s failure to perform their contract obligations is important enough to justify rescinding the entire agreement.
Regardless of the type of contract breach, you need to establish a few facts to build a credible case should you take the breach to court, and this can get tricky, especially if the contract was verbal or implied. In most breach of contract cases, you must verify that:
- The contract existed.
- The contract was broken.
- You lost money.
- The defendant was responsible.
Made Law Group handles business disputes, including breach of contract claims. We can help you by reviewing your contract and determining what rights, obligations, defenses or remedies you may have.
While it is not possible to prevent problems and disputes completely, the risk of disputes can be reduced through the use of well-drafted documents, intelligent risk management, and sound decision-making. From a practical standpoint, certain risks will always exist. The attorneys at Made Law Group can help their clients minimize risks and make informed business decisions about how to proceed. We can review and evaluate contract documents; draft contract documents; advise about rights and remedies; negotiate with owners; sureties, subcontractors, and suppliers; and resolve disputes through negotiation, mediation, arbitration, or litigation.
REMEDIES FOR BREACH OF CONTRACT
If a breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by the courts. Legal remedies are limited by certain principles, and certain damages are awarded only in specific situations. Equitable remedies can be awarded alone or alongside legal remedies. They may include a specific performance requirement, injunction, or restitution. Restitution is when the offending party must provide the injured party with the exact property given to him by the plaintiff (specific restitution) or a sum of money that reflects the extent to which the breach has injured him (substitutionary restitution)
Having a lawyer evaluate your breach of contract claim is imperative because not all breaches actually invalidate the contract. Made Law Group attorney’s can address your concerns and help you with your case.
Contact our office for a free consultation.