Breach of Contract Claims: Understanding your Entitlement

Breach of contract claims can be a complex area of commercial law. Expert Commercial Law have a panel of experienced contract solicitors to assist claimants in pursuing a claim.

What is a breach of contract?

A breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement. This can include failing to deliver goods or services as promised, failing to pay for goods or services received, or violating other terms or conditions of the agreement.

A breach of contract can occur in any type of contract, whether it’s a written agreement or an oral one. If one party breaches the contract, the other party may be entitled to seek legal remedies such as damages, specific performance, or cancellation of the contract.

It’s important to note that not all contract breaches are equal, and the severity of the breach may impact the available legal remedies. For example, a minor breach may only result in monetary damages, while a major breach may allow the non-breaching party to terminate the contract and seek additional legal remedies.

There are different types of contract breaches, each with varying degrees of severity. Here are some of the most common types:

  • Material breach: This occurs when one party fails to perform a significant or essential aspect of the contract. A material breach may excuse the non-breaching party from further performance and allow them to seek damages.
  • Minor breach: This occurs when one party fails to perform a non-essential aspect within the terms of the contract. The non-breaching party may be entitled to damages, but they are still required to perform their obligations under the contract.
  • Anticipatory breach: This occurs when one party informs the other party in advance that they will not be able to perform their obligations under the contract. The non-breaching party may immediately seek legal remedies.
  • Fundamental breach: This occurs when a breach is so severe that it goes to the heart of the contract, and the non-breaching party is excused from further performance.
  • Actual breach: This occurs when one party fails to perform their obligations under the contract at the time they were due.
  • Partial breach: This occurs when one party only partially performs their obligations under the contract. The non-breaching party may seek damages for the incomplete work.

It’s important to note that the severity of the breach may impact the available legal remedies. If you believe that a breach of contract has occurred, you should consult with an attorney to understand your options.

Criteria for making breach of contract claims

In order to claim for breach of contract, the following criteria must generally be met:

  • Valid and enforceable contract: There must be a valid and enforceable contract between the parties to the agreement. This means that the contract must be legally binding and contain the necessary elements such as offer, acceptance, consideration, and mutual agreement.
  • Breach of contract: One party must break the terms of the agreement, either by not performing as promised, performing improperly, or failing to perform at all.
  • Notice: The non-breaching party must have notified the breaching party of the breach and given them an opportunity to cure the breach.
  • Damages: The non-breaching party must have suffered damages as a result of the breach, such as lost profits or costs incurred to fix the breach.
  • Causation: The breach must have caused the damages suffered by the non-breaching party. It must be shown that the damages would not have occurred but for the breach.

It’s important to note that the criteria for making a breach of contract claim may vary depending on the jurisdiction and the specific terms of the contract. If you believe that a breach of contract has occurred, you should consult with an attorney to understand your options and the specific requirements in your situation.

How can a breach of contract solicitor from our panel assist?

If you have suffered a loss due to a breach of a legally binding contract, please get in touch with pur team today. We will pass your case onto one of our panel firms who will consider your case based on the merits of your claim.

A solicitor from our panel can help you with breach of contract claims in several ways:

  • Advising on the contract: A solicitor can review the contract and advise on the rights and obligations of the parties, and the strengths and weaknesses of bringing a breach of contract claim.
  • Negotiations: A solicitor can help negotiate a settlement with the other party, which can avoid the need for costly legal proceedings.
  • Representation in court: If negotiations are unsuccessful, a solicitor can represent the client in court, present the case, call and cross-examine witnesses, and make legal arguments on their client’s behalf.
  • Drafting legal documents: A solicitor can help draft legal documents such as letters of claim, statements of case, and witness statements, which are required for court proceedings.
  • Advising on the process and the outcome: A solicitor can advise on the court process, the possible outcome and the costs involved.
  • Advising on alternative dispute resolution methods: A solicitor can advise on alternative dispute resolution methods such as mediation or arbitration, which may be more efficient and cost-effective than court proceedings.

It’s worth noting that a solicitor with expertise in contract law can provide guidance throughout the process, and can help protect the client’s rights and interests. They can also help evaluate the strength of the case and advise on the best course of action. If you need help with a commercial contract, speak to us today. Unfortunately, we are unable to assist with employment law contracts.

Our solicitors also help with commercial claims, such as partnership disputesfraud claims and CCJ removal.

Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm. 

 

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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm. 

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