Non Performance of contract: What can be done?

What is non performance of contract?

 

Non-performance of a contract refers to a situation where one or both parties fail to fulfill their obligations under the terms of the agreement they entered into. Under UK law, non-performance of a contract can result in legal consequences, including breach of contract claims, damages, and termination of the agreement.

When one party fails to perform their obligations under a contract, the other party may have the right to terminate the agreement and seek damages for any losses they have suffered as a result of the breach. However, the ability to terminate and claim damages will depend on the terms of the contract, the nature of the breach, and the extent of the losses suffered.

It is important to note that certain types of contracts, such as those for the sale of goods or services, may be subject to specific laws and regulations that govern the rights and obligations of the parties. These laws may provide additional remedies for non-performance of the contract, such as the ability to cancel the contract or require specific performance.

In summary, non-performance of a contract under UK law can have serious legal consequences, and parties should be aware of their rights and obligations under the terms of the agreement they enter into. It is always advisable to seek legal advice if you are facing or contemplating a breach of contract situation.

Making a claim for non performance

 

If you believe that a party has committed a material breach of contract through non performance, you may be able to sue for damages. To make a claim, you will need to follow the appropriate legal procedures under UK contract law, which may involve:

  • Reviewing the contract terms: You should review the terms of the contract to determine whether the other party has failed to perform their obligations as required under the agreement.
  • Notifying the other party: You should notify the other party of the breach of contract and give them an opportunity to cure the breach.
  • Seeking legal advice: You should seek legal advice to determine the best course of action and whether you have a valid claim for non-performance of the contract.
  • Initiating legal action: If the other party fails to cure the breach, you may need to initiate legal action to enforce your rights under the contract.

Proving your case: To succeed in your claim for non-performance of the contract, you will need to prove that the other party failed to perform their obligations as required under the contract and that you suffered losses as a result of their breach.

It is important to note that the legal procedures for making a claim for non-performance of a contract will vary depending on the type of contract and the jurisdiction in which it was entered into. Therefore, it is always advisable to seek legal advice before taking any legal action.

 

How can Expert Commercial Law assist?

 

Our panel of contract solicitors can assist parties in taking legal action against large corporations and small businesses for non performance of contract.

Our panel firms provide guidance throughout the process, and can help protect their 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 non performance of contract case, 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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