In order to understand what a breach of contract is, first, you must understand what a contract is and the elements of a contract. A contract can be either an oral or written agreement wherein one party offers a service or good; the other party agrees to accept the service or good(s); and the agreeing party pays an amount for the service or good (i.e., the consideration). A breach of contract occurs when a party to a contract refuses to perform without any legal justification or a reason to not complete the contract which is WRITTEN in the Contract from the onset.
A breach of contract can also occur when a party to a contract interferes, or prevents the performance of the other party, thereby making it extremely difficult or impossible for the other party to perform under the contract. There are many types of breaches and it is essential to understand what YOU contracted for specifically and the breaches set forth.
When a breach of contract occurs, it is possible to sue the non-performing party for the breach. However, it is difficult to fully delve into the details without knowing the specific facts of your case. There are many aspects of a contract that hinge on the type and extent of the performance, the industry involved, the parties’ course of dealing and performance, and what defenses are applicable based on your set of circumstances.
However, if you do decide to sue someone for a breach of contract, contact the business attorneys of the Kendrick Law Group to discuss your matter and to find out what the best solution would be pursuant to your individual details.
On the reverse, you may find yourself being sued for a potential contract dispute. Due to the intricate nature of a contract and the considerations involved, you should hire an attorney to help defend your case if you have been served with a complaint for a breach of contract. The importance of retaining an attorney cannot be overstated. You should also be aware that absent special circumstances, you (or your attorney) will have twenty days to provide a response after being served—so time is of the essence.
If you or someone you know is in need of a business attorney, call the Kendrick Law Group at 407-641-5847 to schedule your complimentary consultation and contract review.