When the terms of a contract or agreement is violated, then this is legally referred to as a breach of contract. One party has failed to abide by the promises as listed in the agreement provisions. While a resolution may be possible through mediation or arbitration, in other situations going to court is necessary. A contract may be categorized at a partial or whole breach. Business owners, individuals, and independent contractors may want to get advice from a lawyer near them if they have found themselves involved in a breach of contract.
What are the requirements for filing a breach of contract suit?
During a legal consultation, a lawyer can talk with you more in-depth about the steps towards filing a breach of contract suit. Your lawyer can also evaluate whether you have a strong case for a breach of contract lawsuit so you aren’t wasting time, energy, and money in legal action that won’t hold up in court. There are four requirements that must apply to the breach of contract in order for it to qualify for legal action:
- The contract has to be valid, and include necessary contract elements recognized by law. If all essential elements are not present, isn’t deemed valid.
- The party suing for breach of contract has to show with prove how the other did not fulfill their end of the agreement terms.
- The party suing must have performed all terms required of them in the contract or agreement.
- The party suing must have informed the other of the breach prior to filing a lawsuit, through a written letter. A verbal notification is difficult to prove.
What are the different types of contract breach?
There are three ways in which a contract can be breached by one or more parties within the agreement. These ways include a material, partial, or anticipatory breach, which are briefly described below:
- Material breach: a substantial enough breach to where the other parties in the contract have an excuse to not fulfill their duties within the contract.
- Partial breach: less substantial compared to a material breach, and doesn’t excuse the other parties from performing their assigned duties.
- Anticipatory breach: where one party is likely to breach a contract because it is obvious they won’t be able to complete their duties by the due date.
What are the remedies for breach of contract?
The most common way to remedy a breach of contract, is to financially compensate the party who faced monetary loss due to the violation of terms. The parties in the contract can either attend mediation, arbitration, or court to seek resolution. A business lawyer, like a business lawyer in Melbourne, FL, can help you prepare for litigation if a solution through alternative dispute methods aren’t successful. Another way that the party who experienced damages may be remedied for the breach is through the court enforcing the other party to fulfill their duties as described in the contract. Lastly, if the injured party was so badly damaged by the breach the court may order the contract to be cancelled entirely.
Thanks to the Law Offices of Arcadier, Biggie, & Wood, PLLC for their insight into the different kinds of violations that can be seen in a breach of contract, and how to remedy them.
