A contract is a written or spoken promise, or series of promises, between two parties. Each party to a contract promises to perform a certain duty or pay a certain amount. The agreement is meant to be legally enforceable, so that each party will have legal recourse if the agreement isn’t kept.
A breach of contract occurs when the agreement is not kept, because one party to the contract does not fulfill their obligation according to its terms.
A breach can occur if a party fails to perform within the time frame specified in the contract, does not perform in accordance with the terms of the agreement, or fails to perform whatsoever.
If one party fails to perform while the other party fulfills her duties under the contract, the performing party is entitled to legal remedies for breach of contract.
The following are different types of contract breaches:
Contracts made only by spoken agreement may be legally enforceable. However, it is best to memorialize them in writing, especially if a legal remedy becomes necessary, so that there will be proof in court. Also, there are certain types of contracts that must be in writing in order to be enforceable:
There are several remedies for breach of contract:
If there has been a breach of contract, your first step is to look at the contract to see if there is instructions as to what you should do in the event of a breach.
Your second step should be to let the other party know that a breach has occurred. If you committed the breach but do not want to tell them, then you can face more serious consequences if you attempt to hide the breach.
If the other party breached, then it’s important to tell them that you are aware of a breach and ask them if they can verify it. While a breach of contract can be stressful, giving the other party an opportunity to remedy the breach can strengthen your case if you go to court.
The third step is to discuss the situation either with the other party or a lawyer. If you feel that the breach will require you to go to court, then contact your lawyer right away and let them know of the situation.
Be sure to hold onto any documents related to the contract and keep careful record of every incident that occurred from the contract. This will make it easier for you to argue the merits of your argument and be compensated for the breach.
Contract law can be complicated, and every state has different lawsuit filing procedures and deadlines for breach of contract claims.
Speaking with a knowledgeable business attorney can help determine what remedies are available to you. The above remedies can be attained by working with a knowledgeable contract lawyer.
Last Modified: 06-22-2018 03:24 PM PDTLaw Library Disclaimer
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