Contracts are essential to the business world. While they are honored and fulfilled in most cases, there are also times when one party to the contract fails to do what they are supposed to do in order to make sure the contract gets completed. Whether that is willful or simply comes as a result of a lack of attention to detail, the results can be very devastating. The breach caused by an unfulfilled contract is often significant, and knowing when to take action based on that breach is not always easy.
What Happens When There Are Issues With the Contract?
When contract issues arise, there are two courses of action. One is for the parties to work together in an attempt to solve the concerns and move forward. The other is for the wronged party to take their concerns to an attorney, in order to determine if they have enough of a case to move forward. While someone may feel as though they have been significantly wronged, whether there is true breach of contract is a legal matter and an attorney will be able to provide information about the validity of any particular case.
What Are Some Elements Used To Identify A Breach?
To identify a breach of contract, an attorney will consider:
- Whether a valid contract existed
- Whether the wronged party completed their side of the agreement
- Whether the breaching party did, in fact, commit a breach
- Whether there are economic damages suffered by the wronged party as a result of the breach.
How Are These Concerns Handled in Court?
In court, breach of contract cases are handled in a couple of ways, depending on what the wronged party is asking to have done. Some people will sue to force the other person to complete their side of the contract, which is called specific performance. Others will choose to ask for damages to be paid, or to have the contract canceled and to receive restitution. Restitution would return the wronged party to the situation they had before the breach occurred. The desire of the wronged party, the strength of the overall case, and the type of service to be performed under the contract can all affect what kind of outcome is requested.
Is It Time to Contact an Attorney?
If you feel you have been the victim of breach of contract, it's important that you talk to an attorney who has experience with business litigation, breach of contract, litigating cases in court, and similar matters. The hiring of the right attorney is important to the success of your case. Getting an attorney who has the kind of experience you need can help you obtain a resolution that is satisfactory to you and may allow you to recover from any damaged caused by the breach.