Contracts define the terms of an agreement so that all parties fully understand their responsibilities and obligations. But breaches of contract can occur for many reasons.
More importantly, they can lead to costly issues that disrupt your business and require legal action to ensure that your interests are fully protected.
The following gives you the information you need to understand contract breaches and the best ways to prevent and recover losses.
UNDERSTANDING A BREACH OF CONTRACT
A breach of contract occurs when its terms are broken by any party’s failure to fulfill the obligations outlined within the contract. Examples may be cases where employees fail to complete a task or a party commits fraudulent activities.
Other contract breaches include the failure to meet a specified standard within a particular industry as well as the failure to meet the requirements of a warranty related to a product or service.
TYPES OF BREACH OF CONTRACT
There are many types of contract breaches that businesses face. Material breaches occur when the primary purpose of a contract is violated. This type of breach may allow you to recover any damages through legal action.
Minor breaches can be less disruptive and are sometimes more easily resolved. They typically occur when the responsibilities outlined in a contract are fulfilled at a level that isn’t deemed satisfactory by the recipient.
Anticipatory breaches of contract occur when it appears that one party will be unable to fulfill their responsibilities by the date specified in the contract.
Although there are different types of contract breaches, there are factors that must be considered in all contract dispute cases. The courts must first determine whether or not a contract existed as well as the specific requirements of each party.
Any modifications made to the contract must also be considered, and the nature of the breach must be defined alongside the damages caused by the breach.
RECOVERING LOSSES IN A BREACH OF CONTRACT
A skilled legal professional will help you recover losses and obtain compensation for damages. There are different types of losses that can be recovered including incidental, compensatory, punitive, and liquidated damages.
In many cases, the parties involved in a contract are aware of the risks associated with a potential breach. These parties can be awarded incidental damages by the courts if a breach has occurred.
Compensatory damages seek to compensate parties for the actual losses that resulted from the breach of contract. Punitive damages are less common and are granted as a way to punish the parties that have breached a contract agreement.
Liquidated damages are those that are outlined within the contract itself. In addition, a contract can stipulate the recovery of legal fees should a breach occur.
Other solutions to contract breaches include the cancellation or revision of a contract in order to ensure that all obligations are met. The party that committed the breach may also be compelled by the courts to fulfill their responsibilities as outlined in the contract.
Your attorney can review your contract dispute to determine what type of breach has occurred and the best solutions for recovering losses.
Contract disputes are more common than you might think, and they have significant impacts on many aspects of your business. The first step in protecting yourself from a breach of contract is to understand your rights.
Knowing the different types of breaches and the solutions that are available is essential to preventing costly legal battles and any disruptions to your business.
Working with the right legal team prevents any loss of revenue while ensuring that all of your business objectives are met.