What is a Breach of Contract?

When most people sign a contract, they expect to honor the terms of the contract, and they hope that the other party will do so as well. There are several kinds of contract remedies available to you if the other party breaches (breaks) a contract.

A breach of contract means one party to the contract fails to fulfill her contractual obligations. A breach can occur if a party fails to perform within the time frame specified in the contract, does not perform in accordance with the terms of the agreement, or fails to perform whatsoever. If one party fails to perform while the other party fulfills her duties under the contract, the performing party is entitled to legal remedies for breach of contract.

What Is A Tort Versus A Contract?

A “tort” involves a duty imposed without benefit of a contract, such as the duty not to run a red light and hit someone with your car. By contrast, a “contract” imposes duties established by a legally enforceable agreement. A contract is a legally enforceable agreement between two parties. Each party to a contract promises to perform a certain duty or pay a specified amount.

A typical civil litigation matter often stems from a breach of contract. Debt collection lawsuits arise when a contract for a debt has been broken by lack of payment. There can also be breach of contract for services, employment, or other agreements between parties.

What Is A Contracts Lawyer?

A contract lawyer helps small business, large company, or individuals. Contract lawyers draft, negotiate, and execute legally-enforceable agreements — like business contracts and independent contractor agreements. Contracts lawyers also assist with contract disputes such as breach of contract.

Our Civil Litigation Practice

Because a breach of contract litigation can be challenging and complex, you need a law firm that is aggressive and knowledgeable regarding the requirements of the legal process. Our skilled attorneys are committed to helping clients enforce their contractual rights and will carefully evaluate your case to determine whether there was an actual contract in existence and whether there has been a breach of that contract.

Our civil litigation attorneys have knowledge in a wide-variety of civil litigation legal matters, but they work extensively in the following areas:

• Debt Defense
• Debt Collection
• Breach of Contract

Our aggressive advocacy in contract disputes promotes the best possible outcome in cases involving:

• • Lease disputes
  • Partnership agreements
  • Breaches of contract
  • Fiduciary duty breaches
  • Disputes related to nondisclosure and noncompete agreements

If you find yourself involved in a civil litigation matter, whether as the plaintiff or the defendant, our litigation attorneys can answer your questions and provide competent representation to help you get the result you desire.

Remedies for Broken Contracts

There are several remedies for breach of contract:

• • • Compensatory Damages: The most common legal remedy, compensatory damages are a monetary award to compensate the aggrieved party. A court can order the person who breached the contract to pay the aggrieved party enough money to get what they were promised by the terms of the contract.
    • Restitution: A court orders restitution if they order the breaching party to pay back the other person the amount the aggrieved party paid initially to make the aggrieved party “whole” again.
    • Punitive Damages: If the breach of contract is especially heinous, a court may order punitive damages, meant to punish the breaching party for breaking the terms of the contract.
    • Specific Performance: A court can force the breaching party to perform the service or deliver the goods that were promised in a contract.

Why Should I Consult with an Attorney?

Contract law can be complicated, and every state has different lawsuit filing procedures and deadlines for breach of contract claims. Speaking with a knowledgeable contract attorney can help determine what remedies are available to you. The above remedies can be attained by working with a knowledgeable contract attorney such as ours.

Our breach of contract lawyers welcome the opportunity to serve you. In our business law practice, as in our family law and criminal law practices, we strive to be the only law firm you will ever need.