Breach of Contract Lawyers: Resolving contract issues

Agreements and contracts are essential for many interactions in business and personal transactions. These legally binding documents outline the rights and obligations of each party, providing a framework to ensure that the terms are kept. However, breaches of contract do occur, leading to disputes that can disrupt operations, damage relationships, and result in significant financial loss.

Breach of contract lawyers specialise in handling disputes arising from breaches of contract. Their expertise in employment law is crucial not only in seeking remedies for breaches of contract but also in mitigating potential risks.

Expert Commercial Law has access to an expert panel of solicitors who are highly experienced in dealing with breaches of contract. If you are thinking of bringing or defending a claim, then please get in touch with us today to find out more. 

What is considered a breach of contract?

In UK contract law, a breach of contract occurs when one party to a contract fails to fulfil their obligations as outlined in the terms or implied terms in a legally binding agreement. There are various types of breaches, including:

Non-performance:

When one party fails to fulfil their obligations as outlined in a commercial contract, such as failing to deliver goods or services on time.

Improper performance:

If a party performs their obligations in a way that is not in accordance with the terms of the contract, such as delivering goods that are not of the agreed-upon quality.

Anticipatory breach: 

When one party indicates that they will not fulfil their obligations under the contract before the performance is due, such as by giving notice of cancellation before the agreed date.

Repudiation:

This occurs when one party takes steps that show that they will not fulfil their obligations under the contract.

Termination:

When one party terminates a contract before the performance is due.

Fundamental breach:

This is a serious and significant violation or failure to fulfil a fundamental or essential term of a contract.

Threshold for making a breach of contract claim

It is possible to claim for a breach of contract if the other party has failed to fulfil their obligations as outlined in the agreement. To make a claim, the following must be established:

The contract exists:

There must be a legally binding agreement between the parties. It will be much easier to bring a claim if a written contract between parties is in place.

The contract has been breached:

The other party must have failed to fulfil their obligations as outlined in the contract.

Damage or loss suffered:

The party making the claim must have suffered a loss or damage as a result of the breach of contract.

It is worth noting that before making a claim, it is advisable to seek legal advice with a specialist breach of contract solicitor. They can help you to understand the strengths and weaknesses of the case, the possible outcome, the cost, and the time it will take to resolve the dispute.

Remedies for a breach of contract

A number of legal actions can be taken following a breach of contract dispute and the following remedies are typically applied.

Specific performance

This is an order that requires the defaulting party to perform their obligations under the contract. It is typically used when the subject matter of the contract is unique, such as land or construction work.

Injunctions

An injunction is a court order that prohibits a party from doing something or requires them to do something. This can be used to prevent a party from repeating a breach of contract or to require a party to perform their obligations under the contract.

Claiming damages

Damages is an award of money that is intended to compensate the injured party for the losses they have suffered as a result of the breach. Damages are intended to put the injured party in the position they would have been in if the contract had been performed.

It is also possible to seek an amicable settlement or Alternative Dispute Resolution (ADR) methods, such as mediation or arbitration, before going to court.

How can our panel of breach of contract lawyers assist?

The breach of contract lawyers on our panel understand how to deal with contract disputes and would be more than happy to assist on your case. Our panel of solicitors have many years of experience in dealing with breaches of contract.

We only connect you with the best solicitors

All of the solicitors on our panel have the experience and expertise required to take on your case. Each solicitor is vetted before being allowed onto our panel and we only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA).

Please note we are not a law firm; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a case, we will pass your case on to 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.