Breach of Contract Cases My Require Handling by a Qualified Attorney
Contracts are a necessary part of doing business, but a breach of contract can cause legal and financial problems. A breach of contract occurs when a binding agreement is not honored by one or more of the parties. Breach of contract cases can be extremely complicated; therefore it is best to seek legal guidance for any issues that come up due to contract problems. Contract breaches may sometimes be prevented by having the contract examined by an attorney before you sign it.
Types of Breaches
A broken contract may be a material breach or a minor breach. A material breach means that the party failed to provide a substantial portion of the contract. A minor breach means that although there was a failure of some aspect of the contract, but only in a minor way. For example, a minor breach of contract may occur when a service was performed, but not within the time-frame required in the contract. If a breach happens, an experienced commercial law attorney will review the contract to determine what type of breach has occurred.
Remedies to Breach of Contract
When a breach of contract has been proven, the judge will resolve the case by ordering damages be paid. Damages may be compensatory or punitive. Compensatory damages are paid to recover the direct loss, due to the failure to complete the contract. Punitive damages are losses that happened as a result of the breach, but are not directly part of the contract. It is important to note that punitive damages are not usually applied to breach of contract cases, except in special circumstances. The party that has not breached the contract must still do what they can to mitigate the damages.
Defending a Breach of Contract
If your company is being accused of breaching a contract, it is best to speak with an attorney immediately. The contract will need to be thoroughly reviewed to find out if a breach has actually occurred. If so, you may be able to keep the problem out of court by performing what is required in the contract. There are some valid defenses to a breach of contract, such as the contract being illegal or containing a mistake. Your attorney will assist by representing you and will provide you with valuable information, so that you can make a decision on how to best proceed in the case.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Breach of Contract Cases, and Breaches, or any other litigation issues, please feel free to contact us at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.