Breach Of Contract 101: What Is It And How A Lawyer Can Help
Breach Of Contract: A breach of contract happens when a company, a person, or either of the entities breaks some stipulations or clauses in the legal document, resulting in personal or economic damage, and needs a lawyer’s services to pursue a remedy. The breach of contract lawyer will help you get a legal remedy for the violation and ensure the contract is enforceable in court.
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What Is A Breach Of Contract?
As mentioned earlier, a breach of contract occurs when an entity fails to fulfill or follow the promises stipulated in a legally binding contractual document. Breach of contract can also occur through failing to perform the said duties in the right manner, and therefore a contractual document is something you will need when making purchases or selling your goods or services.
It is also a document that a landlord and property owners will need when leasing their property. You should also consider the ability to enforce the document to a court of law if a breach of contract occurs. And therefore, it is essential to have a breach of contract lawyer on retainer to review the document and help you to amend stipulations or clauses that may seem too broad or vague.
Breach Of Contract Between Two Individuals
A breach of contract between two people can lead to litigation. And therefore, the person that suffers from the violation can seek a breach of contract lawyer to pursue a legal remedy for the breach. The court’s decision may enforce a monetary award or pass a judgment that the defending party must fulfill certain services as stipulated in the contractual document. Other clauses call for an extra monetary award based on other activities that result in problems for the person suffering the breach.
An Employment Breach Of Contract
Under normal circumstances, a breach of contract in employment occurs when there is an act of exposing trade secrets, selling details, or confidential information of a business to a third party. An employee can also breach an employment contract by breaking a non-compete contract either by stealing the clients or working against the entity.
It can also occur when a company’s employee works for another competing firm or another company in the same industry. The contract clause also specifically explains that you are not supposed to work for a company in a similar industry for some months or years after you leave the company. An employment breach occurs not only when the company suffers from the breach; it can also be on the employee’s side.
For instance, if an employee’s working contract is terminated before the expiry, they can also receive compensation. And in either case, a breach of contract lawyer can help the two parties reach a consensus with a remedy or compensation for the violation.
Breach Of Contract Between Two Companies
A breach of contract between two companies or businesses can result in a severe economic loss; therefore, companies should abide by the agreements. A contract between companies normally binds between joint venture company interactions or even client-to-client type relationships. One company may have a product it trades or sells with the other.
Therefore, a contract between two companies usually stipulates how the two companies should legally carry on transactions. If, for instance, one company breaches any of the stipulations or clauses stated in the contractual document, it can lead to the termination of the transaction and even lead to issues with trading.
The Remedy Or Action For A Breach Of Contract
When a breach of contract occurs, the victim has the right to pursue various actions, and obviously, these actions require the services of a breach of contract lawyer to enact them. The lawyer, in this case, will have to defend the stipulations of the contract and help the victim to know how certain contract breaches resulted in losses and damages.
After then, the matter can proceed to court, and if the defending party would not like to pursue a lawsuit in a courtroom, the issue can be solved through negotiations. And with strong evidence on the claims for the breach of contract, the plaintiff receives compensation or the remedy they deserve.
Some remedies may necessitate economic compensation due to the huge financial losses suffered by the other party, while other remedies require a continuation of the services. The breach of contract lawyer normally starts the process by sending a demand letter or a similar document to the violating party.
The matter can also be communicated directly, illustrating to the violating party what the victim of the breach demands. Usually, the contract document stipulates what is supposed to be done depending on the severity of the breach of contract. And the lawyer will defend those stipulations if the matter is presented to the court of law and will work hard to ensure that the client gets the remedy they seek for the specific breach of contract.
The Legal Support For Breaching Of A Contract
A breach of contract lawyer will help you understand the violation of the contract and the specific circumstances that lead to the breaching of the agreement. The lawyer also helps the client formulate a valid legal argument for the situation. And will also uphold the contract clauses and enforce the necessary action to resolve.
The resolution is reached by presenting the case to a judge in the court, or if the violating company doesn’t want to proceed to the court, the issue can be resolved through negations, and the party suffering the breach receive a remedy or compensation.
A breach of contract lawyer can help the client find the remedy or compensation for the violation of the contract between any given parties. The matter can either be a breach of the agreement between two individuals, an employment breach, or even a breach of contract between two companies.
In any case, the lawyer will help the client know the various actions to take to get a remedy for the breach. The lawyer also provides the client with a legal and valid argument for the situation, upholds the contract clauses, and enforces the actions necessary to resolve the problem.