Breach of Contract Solicitor London

Commercial contracts are an essential part of the running of a business. Expert Commercial law maintain a panel of breach of contract solicitor, London who can assist you in taking legal action in breach of contract disputes.

What is a breach of contract?

Under contract law, a breach of contract occurs when one party to a contract fails to fulfil their obligations as outlined in the express terms or implied terms of the contract A breach of contract can take many forms, including:

Material breach

A material breach (or fundamental breach) occurs when one party fails to perform its duties under the contract in such a significant way that the purpose of the contract is undermined. This type of breach gives the non-breaching party the right to terminate the contract and sue for damages.

Minor breach

A minor breach (or partial breach) happens when a party fails to fulfill some part of their obligation but the essential purpose of the contract remains intact. In this case, the non-breaching party cannot terminate the contract over this breach but can still sue for damages resulting from the breach.

Anticipatory breach

An anticipatory breach (or anticipatory repudiation) occurs when one party indicates in advance that they will not be fulfilling their contractual obligations. The non-breaching party can immediately treat the contract as breached and sue for damages, or wait to see if the breaching party decides to honor the contract after all.

Actual breach

An actual breach of contract happens when one party refuses to fully perform their obligations under the contract at the time when performance is due. This can be either a refusal to perform at all (a total breach) or performing in a manner that is unsatisfactory or incomplete (a partial breach).

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 in place 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.

If these elements are present, the party that has suffered a loss as a result of the breach of contract can claim for damages, specific performance, an injunction, quantum meruit and rectification, depending on the type of breach.

It’s worth noting that before making a claim, it’s advisable to seek legal advice to understand the strengths and weaknesses of the case, the possible outcome, the cost, and the time it will take to resolve the dispute.

It’s also possible to seek an amicable settlement or Alternative Dispute Resolution (ADR) methods like mediation or arbitration, before going to court.

Remedies for a breach of contract

In England and Wales, remedies for a breach of contract are designed to protect the interests of the innocent party, aiming to put them in the position they would have been in had the contract been properly performed. The main remedies include:

Damages:

The most common remedy, damages are monetary compensation paid by the breaching party to the non-breaching party. There are several types of damages, including compensatory damages (to cover the loss directly resulting from the breach), consequential damages (for additional losses that flow from the breach), and nominal damages (a small sum awarded when a breach occurred but no actual financial loss is proven).

Specific Performance:

This is a court order compelling the breaching party to perform their obligations under the contract. Specific performance is generally only available when damages are not an adequate remedy, such as in the case of unique goods or properties.

Injunction:

An injunction may be granted to prevent the breaching party from taking certain actions that would breach the contract. This can be particularly relevant in cases involving confidentiality agreements or non-compete clauses.

Rescission:

This remedy cancels the contract, releasing both parties from their obligations under it. Rescission is typically available in cases of misrepresentation, mistake, duress, or undue influence.

Restitution:

Restitution aims to restore the non-breaching party to the position they were in before the contract was formed. It’s often used in conjunction with rescission and is applicable when the contract is voided due to reasons like misrepresentation or mistake.

Quantum Meruit:

This is a remedy allowing the non-breaching party to claim reasonable payment for goods or services provided under a contract that, due to the breach, has not been fully executed. It applies particularly in situations where work has been done under a contract that is later found to be invalid or is rescinded.

How can a breach of contract solicitor London assist?

A specialist breach of contract solicitor (London) from our panel can help you with a breach of contract dispute in several ways:

Advising on the contract:

Breach of contract lawyers 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:

Breach of contract lawyers 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, contact us online today. Unfortunately, we are unable to assist with employment law contracts.

Please note, we are not a law 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 of commercial law solicitors in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm.