A contract is a legally binding agreement between two or more parties. A breach of contract occurs when a party fails to fulfil their obligations that have been detailed and set out within the terms of the contract. Contracts can be written contracts or verbal contracts, and their terms and conditions can be set out as express terms or ‘implied’ terms. Breach of contract solicitors are required to assist in these cases as they can be complex, especially when disputes arise.
Breaches of contract can occur for a variety of reasons. If you are currently dealing with a breach of contract: in contract disputes, one contracting pa... More, you may have been left thinking, ‘can I sue for breach of contract: in contract disputes, one contracting pa... More?’. If so, the following article may provide the information that you have been seeking.
Types of breaches
In contract law and employment law, there are various categories of breaches. These include minor breaches, material breaches, fundamental/ repudiatory breaches, and anticipatory breaches.
Minor breaches: A minor breach of contract, also known as a partial breach or immaterial breach, happens when a party fails to fulfil some of the contractual obligations or fails to carry out the obligations on time. However, the consequences of this type of breach are not serious. A small claim for a minor breach of contract can be pursued if it can be proven that the breach resulted in a financial loss. A minor breach will not generally permit the other party to terminate the contract.
Material breaches: A material breach of contract is one which will have serious consequences due to the failure to fulfil contractual obligations or failure to carry out the obligations on time. In some circumstances, a series of minor breaches could result in a material breach.
Fundamental breach: A fundamental breach of contract is also known as a repudiatory breach. This type of breach is one which is deemed so severe that the innocent party can terminate the contract. They will also be entitled to bring a claim for damages suffered as a result of the breach.
Anticipatory breach: An anticipatory breach of contract happens when a party to a contract clearly indicates their intention not to perform their contractual obligations prior to performance of the contract falling due. This type of breach gives the innocent party the right to terminate for anticipatory breach and bring a claim for damages.
Can I sue for breach of contract: in contract disputes, one contracting pa... More?
There are a range of factors that must be considered before a breach of contract: in contract disputes, one contracting pa... More claim is made. The first is to deliver proof of the existence of a contract. A signed, written contract should be the priority; however, other documentation such as emails, letters, invoices, text messages and conduct can be used as a substitute for a written contract in most cases.
Once evidence of a contract has been proven, sufficient proof that the contract was breached must then be provided. This evidence must show the terms of the contract were not complied with by the breaching party (e.g. the goods or services were not delivered to the agreed standard). Documents, photographs, expert testimonials and video files can all be used in evidence in court. Finally, proof of loss suffered as a result of the breach of contract: in contract disputes, one contracting pa... More must be shown in order to justify any financial compensation awards.
If you are currently looking to sue someone for a breach of contract: in contract disputes, one contracting pa... More, contact South Bank Legal today in order to get in touch with one of our breach of contract: in contract disputes, one contracting pa... More solicitors to discuss your case and the legal services we provide.
Remedies for breach of contracts
If a contract to which you are a party has breached and, as a result, you are looking to bring a breach of contract claim, you may have a number of legal remedies, including:
- termination: in contract law, the cessation of the term of t... More– ending the contract and discharging yourself from any further obligations under it. This remedy is available where the other party has breached a term of the contract that is fundamental or has acted in a way that indicates that they are no longer willing to perform their contractual obligations.
- damages: in litigation and dispute resolution, financial com... More– claiming financial compensation for the losses you have suffered from the breach of contract. The amount of damages to which you are entitled can, however, be expressly limited by the contract itself.
- specific performance: a legal remedy in claims for breach of... More– it is sometimes possible to obtain a court order requiring a party who has failed or refused to honour a contract to, in fact, carry out their contractual obligations. The remedy of specific performance is less common, however, as courts will generally look to compensate a wronged party by awarding monetary damages.
South Bank Legal, breach of contract: in contract disputes, one contracting pa... More solicitors
For more information regarding breach of contract: in contract disputes, one contracting pa... More claims or further legal advice, you can contact South Bank Legal via email at email@example.com or telephone 0203 1266 584 for a confidential discussion with a contract dispute resolution solicitor today.
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