What is a Breach of Contract Lawyer

Locate a Local Business Lawyer

Find Lawyers in Other Categories
Most Common Business Law Issues:

What Is a Breach of Contract Claim and How Can A Breach of Conract Lawyer Help Me?

A contract is a legally enforceable agreement between two parties. Each party to a contract makes a promise to either perform a certain duty or pay a certain amount. If one party fails to act as promised, and the other party has fulfilled their own duties under the contract, the other party is entitled to legal relief. 

A breach of contract is a failure to fulfill the duties under the contract terms. The breach may be material or minor. A contract can be breached in the following ways:

Oral vs. Written Contracts

Generally, both written and oral contracts are legally enforceable. It is always best to write down the terms of the contract in case there is some dispute between the parties after forming a contract. If the contract is oral, the parties to the contract may later remember different details about the contract terms or forget certain terms entirely, which will make it difficult to prove the validity of the contract.

Note that oral contract will not be enforceable if they fall under the statute of frauds.

What Is a Breach of Contract Damages Award?

When one party has breached the contract, the party who has performed is entitled to various remedies for the breach. One of the more common remedies for a breach of contract is a damages award. This is monetary compensation that must be made by the breaching party to compensate the other party for losses and other expenses connected with the breach. A damages award may include:

What Is a Breach of Contract Equitable Remedy?

In some breach of contract claims, a damages award may not be appropriate, or it may not be allowed under law. In such cases, the court may order an “equitable remedy” rather than a monetary damages award. An equitable remedy consists in the court ordering one or both of the parties to take certain actions to resolve the dispute. Some equitable remedies include:

The Time Limit for Filing a Breach of Contract Lawsuit

Every state has a certain time limit, called a statute of limitations, in which a lawsuit must be filed after a breach of contract. If a party wants a remedy for a breach, and they do not file within this time limit, that party cannot file a lawsuit. The amount of time for filing a breach of contract lawsuit varies by state.

Why Should I Consult with Breach of Contract Lawyers?

Contract law can be quite complicated. Additionally, every state has different lawsuit filing procedures and deadlines for breach of contract claims. Speaking with a business contract lawyer about your issue can help you make a clearer decision. An business attorney can help identify what is a breach of contract and collect all the proper documents to prove a breach. Further, an attorney can help you negotiate the terms of a contract before you make or accept an offer.

Vea esta página en español: Violación de Contrato o visita Abogados-Leyes.com para más información legal.

Consult a Lawyer - Present Your Case Now!
Last Modified: 01-31-2017 03:22 AM PST

Find the Right Lawyer Now

Link to this page

Law Library Disclaimer

LegalMatch Service Mark