Breach of Contract
Contracts are a staple in the business world. Contracts exist between buyer and supplier or owner and renter. A contract is put in place to protect all parties involved, as it will explain, in detail, the responsibilities of each party. This ensures that each person involved will hold up his or her end of the deal. When one party does not complete the contract, you may be able to bring a lawsuit to resolve the issue.
Proving a breach of Contract
- As some oral contracts are enforceable. The first step is proving that there was indeed a contract in place. The contract does not need to be in writing, as oral contracts are enforceable, but a written contract is preferable. A contract must contain:
- An Offer: this is a statement that shows the intent to enter into a contract and work together.
- An Acceptance: Each party agrees to the terms of the contract. This is when a written contract is better than an oral contract as each responsibility and role is clearly expressed.
- Consideration: Each party involved has given and received something of value.
- Breach of the contract’s terms. When discussing a breach of contract, there are two kinds of a breach. First, there is a normal breach where one party fails to perform a duty or obligation stated in the contract. Second, a material breach of contract is when a party fails to perform a major duty listed in the contract. This prevents the contract from being completed, where a minor breach does not.
- Damages suffered. In order to recover damages from a breach of contract, you must prove that there were, in fact, damages of some sort. Damages can include monetary loss or even time lost. Generally, the breaching party must pay for any expenses that occurred due to the breach in contract. Additionally, the court may order that the breaching party pay punitive damages. If the breach of contract did not result in damages, then the lawsuit will not proceed.
The experienced attorneys at Henry & Beaver, LLP will work with you to review the contract to determine if the breach of contract resulted in damages. We will fight to protect your rights and recover any damages that may be owed.
To schedule a consultation with an experienced Lebanon business attorney, contact us online or call 717-274-3644.