In today's business landscape, contracts play a crucial role in helping to establish trust and maintain the smooth functioning of commercial transactions, whilst also protecting both party’s rights and entitlements. However, despite the best intentions, breaches of contract can sometimes occur, which can then lead to financial losses and disputes between the parties involved.
What is a breach of contract?
A breach of contract is something that occurs when an individual or party fails to perform or violates any of the agreed upon terms of a legally binding contract.
What are the different types of breach of contract?
Breach of contract can fall into the following categories:
Minor breach of contract
This is when substantial performance of the contract has taken place, but there maybe one or a small number of terms which have not been met which do not significantly affect the contract and the parties can otherwise fulfil any remaining contractual duties despite the breach.
In this situation, the injured party is like to be able to sue for damages but might not be able to terminate the agreement.
A material breach of a contract
Referring to a situation where multiple breaches of contract have happened, or even the breach is at the core of the contract. In this situation, the contract cannot be completed.
Anticipatory breach of a contract
In this situation, one party will/already have notified the other that they are unable to perform either part of all or of the contractual obligations. In these circumstances, there can usually be termination of contract, and the injured party can look to claim for damages.
If a contract breach is successfully established, the injured party will still be required to provide evidence to demonstrate that they suffered loss and damage caused by other party’s breach of contract.
Can you get compensation for a breach of contract?
The legal system does provide avenues for those seeking compensation when a breach of contract occurs, however, it can be a complex topic.
If you are the victim of a breach of contract, for example, an employer breach of contract, it is advisable to work with a specialist solicitor. Your solicitor will start by assessing your case, and determining whether or not you may be eligible to claim compensation, and how this will work.
Where you have a case, your solicitor can support you to raise a claim, and engage in negotiation and settlement discussions with the defendant. Where matters escalate, and the claim cannot be settled out of court, your solicitor should be able to assist you with litigation processes.
Is it necessary to go to court to obtain compensation for a breach of contract?
In the United Kingdom, the legal system offers various avenues for resolving breach of contract disputes, and litigation is not always the only option.
Resolving a breach of contract dispute often involves negotiation and settlement discussions. With the help of legal counsel, parties can engage in open communication to find a mutually agreeable solution. This flexible approach allows for the preservation of business relationships and avoids the time and costs that are associated with court proceedings.
It is important to note, however, that each case is unique, and the the best approach will depend on the specific circumstances involved. Consulting with experienced breach of contract law solicitors is essential for you to navigate the complexities of breach of contract disputes and make informed decisions to protect your legal rights.
What are potential solutions to a breach of contract?
There are several means of resolving disputes surrounding breach of contracts, examples being:
Negotiation and settlement
This is where parties engage in open communication, identifying each of their interests, concerns and potential solutions. This is a more flexible approach that may result in quicker compensation pay-out.
Involving a neutral third party who works to facilitate communication between the two parties to find potential solutions.
Litigation tends to be a last resort for most solicitors, however, if alternatives don’t work, court proceedings can be initiated by filing an application to a court. The court will then hear arguments from both parties and will make a legally binding judgement. This process can take longer and often incurs more fees than other methods.
Speak to our breach of contract solicitors
If you are facing any issues in regard to breach of contract matters, our experienced team of solicitors at Baker Law can help. We understand the complexities of contract disputes and are dedicated to providing expert legal guidance tailored to your specific situation.
Whether you require assistance with negotiation, settlement discussions, alternative dispute resolution methods, or representation in court, our solicitors have the knowledge and expertise to protect your rights and pursue the compensation you deserve.
Please note, this is intended for general information purposes only and should not be taken as legal advice. If you need legal advice concerning breach of contract matters, please get in touch with your local BakerLaw office or email us at email@example.com.