Filing a Claim Following a Breach of Contract

Filing a Claim Following a Breach of Contract

A breach of contract occurs when there is a legal failure to perform a promise that constitutes all or a single part of a contract. There are many ways a breach of contract can occur, including when there is a failure to perform in a way that meets the standards of an industry, the requirements of an expressed warranty have not been met, or an implied warranty has not been satisfied. A breach of contract can also include the implied warranty of merchantability has not been satisfied.

A breach of contract can happen when a party or signor in the contract has refused to complete his or her portion of a job-related task, or when a party has committed something that is prohibited within contract. Moreover, a breach of contract can occur when a party has prevented a contractor from completing the project at hand.

If you are considering filing a claim for loss against a party of a contract, you will need to prove that a breach occurred.

Proving a Breach of Contract Occurred

Based on current contract laws, a breach of contract can be classified as material or immaterial, contingent on the damages the at-fault party caused. Material breach of contracts, or total breach, can occur when the obligation not performed was essential to the primary purpose of the contract, which then cannot be satisfied. An immaterial breach, also known as a partial breach, will occur when most of the obligations specified in the agreement have been fulfilled. While damages can be sought following a partial breach, the contract cannot be legally terminated.

Whether a partial or total breach of the contract occurred, certain elements must be established to build a strong case. This can be difficult to prove when the contract was either implied or verbal. To prove a breach of contract, the following must be asserted:

  • That the contract existed between the parties;
  • The contract was violated by one of the parties;
  • The breach of contract resulted in significant financial losses; and
  • The named defendant was responsible for the breach of contract and the losses sustained
  • Remedies for a Breach of Contract

When a contract has been breached, the affected party may seek a remedy in the form of legal remedies, equitable remedies, or restitution. Legal remedies are constrained by certain principles. They can provide certain damages only under specific situations. An equitable remedy can be provided alone or alongside a legal remedy. Equitable remedies could involve a specific performance requirement, restitution, or an injunction. Finally, restitution is provided to the plaintiff in the form of the exact property provided by the plaintiff. It may also be provided in the form of monetary compensation that reflects the degree of breach.

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Obtain the Legal Support of a Qualified Attorney

A breach of contract case can be difficult to prove, particularly when the contract agreement was not in written form. A breach of contract case can also become complex when the breach did not invalidate the entire agreement. If you have concerns with your contract and believe the agreement you entered has been breached, obtain the legal support of a qualified attorney. A skilled business lawyer will ensure you are compensated for the damages you have incurred as a result of the breach.


About the Author:

The Law Offices Of Robin D. Perry & Associates


Robin D. Perry was born in South Central Los Angeles and raised by a single mother. Perry graduated from the University of California, Davis where he received his BA in Sociology of Law & Society. Perry then attended the University of California, Hastings College of the Law where he received his JD degree. While there he won the American Jurisprudence Award in trial advocacy.The Law Offices of Robin D. Perry & Associates has been part of the Long Beach Community for over 25 years, providing our firm the opportunity to make the community a better place. Our Practice is centered on the following practices:Business LawBusiness & Employment AdvisingCode Enforcement DefenseCriminal DefenseEmbezzlement... View full business profile here: The Law Offices Of Robin D. Perry & Associates





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