Breach of Contract Lawyer
No matter what sort of business you are in, when you enter into a contractual agreement with an individual or business, there are inherently expectations that each side will be faithful to their contractual obligations. Unfortunately, there are times when those parties will breach these obligations.
Few things are more frustrating, or pose as much of a financial threat to a business, as a breach of contract. In order to enforce your rights, you need to prove that the contract is valid and that both parties had the legal right to enter into the agreement. You need the help of an attorney who understands the legal nuances that relate to breach of contract cases.
Types of Contractual Breaches
Contractual breaches are broken down into four primary categories.
A minor breach
Also referred to as a partial breach or immaterial breach, the non-breaching party is only able to sue for actual damages and not for “specific performance,” which would require the other party to perform a specific act, like replacing an item that functions in the exact same way as what was expected.
A material breach
This is a more substantial instance of contractual breach which allows for the party taking action to sue for damages.
A fundamental breach
Also called a repudiatory breach, this permits the non-breaching party to terminate the contract and sue for damages.
An anticipatory breach
This allows for the non-breaching party to sue for damages even before the contract has been terminated.
Types of Damages
When one party is accused of breaching a contract, monetary damages can be sought to compensate the non-breaching party for losses and related expenses.
Consequential damages
The breaching party is required to pay an amount that puts the non-breaching party in the same position they would have been in if the contract was performed.
Punitive damages
The breaching party may be forced by the court to make a payment as a punishment for the breach of contract.
Liquidated damages
These damages are explicitly addressed in the contract. A specified sum is awarded if one party breaches the contract.
Nominal damages
Typically small amounts, these damages are awarded if that party won the case but did not experience significant financial loss or the loss cannot be calculated.
If you are in the midst of a contractual dispute, it is important to consult with an attorney who can determine whether or not a contractual agreement has been breached. Give Roger Davidheiser a call to schedule a no-obligation consultation today
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