When two or more parties agree to specific terms and conditions for an agreement, it’s a wise decision to have the details of the agreement written and signed in a contract. While the hope is that everyone involved will follow through with their end of the agreement, there are times when a breach of contract occurs.
If you are facing issues with a contract, then hiring a breach of contract lawyer can be a great choice. You deserve legal representation to understand your rights and navigate the court system.
What Is Breach of Contract?
A contract is violated when one participant fails to fulfill the stipulated obligations of the deal. Often, the topic of a breach of contract refers to written contracts. But a breach can also happen with an oral contract – although a verbal agreement can be harder to prove.
When a contract is signed, all parties are under a contractual obligation to fulfill the expectations outlined in the agreement. If one or more people can’t fulfill their side of the deal or choose to not follow the contract requirements, then it might be time to talk to a breach of contract lawyer to learn more about your legal options.
Breach of Contract: 2 Types
A breach of contract will fall into two categories:
- Minor Breach: If you are expecting to receive a service or product by a specific date and the agreement isn’t fulfilled, then it is considered a minor breach. Examples include the delivery of a product you paid for or services you hired for an event.
- Material Breach: On the other hand, the breach of contract is categorized as a material breach if you receive something that doesn’t align with what you were expecting based on the agreement. For example, if you hire a home contractor and agree to a specific type of flooring, but they installed different flooring materials instead.
If one of the parties refuses to meet the terms of the agreement, then it is known as an actual breach of contract. There is also the possibility of an anticipatory breach of contract when one party notifies the other in advance that they won’t be delivering their side of the agreement.
For example, if a provider knows that the product won’t be in stock and they will be unable to deliver an order, they can reach out to the buyer in advance with a notification that they won’t be providing the agreed products.
Can a Breach of Contract Be Taken to Court?
A breach of contract is a serious issue. Contracts are binding, which means they can be used to build a case if the situation is taken to court.
Ideally, the involved parties will resolve the disagreement privately. Sometimes, it’s as simple as reminding the other party about the contract details. Then, they will follow through with the agreement to avoid legal action.
But there are times when a breach of contract lawyer might recommend legal action. If the breach is severe and the other party has no intention of remedying the situation, then legal action might be the only and best solution.
If it can be proven in court that a breach of contract occurred, then the court will often require the offending party to give the victim what they originally promised. It’s helpful to hire the assistance of a breach of contract attorney so you can bring the best defense for your case. Keep in mind that a breach of contract doesn’t fall under the category of a crime, so it’s rare for punitive damages to be awarded if a party fails to deliver their side of the deal.
Talk to a Breach of Contract Lawyer About Legal Elements of Your Contract
Do you have a contract that has been breached and are considering legal action? The best thing you can do is talk to a breach of contract attorney to determine if you have a solid case. Several factors need to be in place to make it worth the time, investment, and effort to move forward with a breach of contract lawsuit.
- Establishing That a Contract Existed: First, it’s necessary to determine that the contract existed between the parties. The simplest way to prove a contract is to have a signed copy of the written contract. It’s more challenging to prove a verbal contract, especially if it turns into a he-said-she-said situation.
- Validity of the Contract: Not only do you need to show that the contract existed, but it’s also important to prove the validity of that contract. For example, verbal contracts aren’t sufficient for certain situations. A written contract must be in place if a sale is happening for more than $500 or land is being transferred.
- Proving the Contract Terms Weren’t Met: Next, you will need proof that the defendant didn’t meet the terms of the agreement. It’s important to have as much evidence as possible, so there is no question about whether the contract was breached.
What Happens if a Breach of Contract Goes to Court?
If your case goes to court, your breach of contract lawyer will build your case to prove your side of the argument. It’s important that you have legal representation to protect your rights in this situation.
The court will review the validity of the contract and also look through the responsibilities of each party. The judge’s job is determining whether the parties have fulfilled their contractual obligations.
There are various reasons why a court might find the breach of contract to be valid. Also, different defenses can be used to throw out the case, such as errors in the contract or proving that the contract was signed under duress.
Consult with a Breach of Contract Lawyer
Do you need help with your breach of contract case? Then, it’s important to hire an attorney with relevant experience. Our team at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is here to help. We invite you to reach out at your convenience to schedule a consultation and learn more about available services: (504) 522-2304.