Breach of Contract
Business activity is often based around contracts. A contract binds the parties to the terms of an agreement. However, when one party fails to perform as promised, they are in breach of contract. A broken contract can bring up several legal issues. Ideally, communication, negotiation or mediation can be used to resolve contractual disputes. However, on occasion, the appropriate resolution may be through the court system.
Reviewing the Contract
If a contract has been carefully drafted by an attorney, the provisions should ideally be clear, and avoid any ambiguities that may cause confusion and conflict. However, a contract does not necessarily need to be written and signed for it to be valid. These types of oral contracts or informal agreements may be as equally binding as a signed contract. But when a dispute arises, it may be more difficult and time consuming to piece together exactly what the parties have agreed upon to what constitutes as breach of contract. It is generally advisable to have an attorney draft or review a contract before you sign it. While even a well drafted contract does not guarantee a dispute won’t follow, it usually helps to avoid many conflicts.
Proving Breach of Contract
In order to prove that there has been a breach of contract, you will first need to demonstrate that you and another party entered into a mutually beneficial agreement. You will need the documentation that supports that you have upheld your contractual duties, and you will need proof that the other party has failed to perform their obligations. This proof may be formal contracts, letters, emails, receipts, etc… You will also need to show that the other party’s failure to perform has had a negative impact on you, or your business. Willow Creek Law is equipped to handle breach of contract issues, and we can assist in filing a lawsuit, when necessary.
Did Your Business Follow the Contract?
Reviewing your contracts with an attorney beforehand can help you identify exactly what your contractual obligations are, so that you know whether or not you can meet them. If your business has failed to follow the contract, you may appreciate having an attorney to help you negotiate with the other party to find a mutually satisfactory remedy.
Damages as a Remedy for Breach of Contract
If your breach of contract case goes to court, the judge may find that the winning party is entitled to compensatory damages or restitution. These monetary awards are designed to make up for the financial loss suffered because of the breach of contract. They can sometimes also include attorney fees. It is rare for the court to award punitive damages for a breach of contract.
If you are dealing with a breach of contract, we can help. Willow Creek Law has years of experience handling various contract law cases. The law relating to breaches of contracts is complicated and constantly evolving. Contact our law firm in Sandy today to discuss your legal rights. (801) 233-0606.