When you enter a legal contract with an individual or professional organisation, there’s always the risk of a breach of that contract occurring. Before signing a contract, all parties must agree upon its contents to avoid any disagreements in the future, but one party may fail to fulfil their obligations or choose to perform an action that the contract does not allow. If you find yourself involved in a contract that another party has breached, there are civil litigation solicitors who can help.
Here at Van Eaton Solicitors in Streatham, we have vast experience in helping the innocent party claim for damages and any financial loss suffered when one party breaches a contract in a binding agreement. From commercial contracts to those within employment, any contract can be breached if one or more of the parties acts out of accordance with the agreement. If you need help making a claim, you first need to understand the type of breach that has been committed, and what you can do.
If you receive less than you were promised from a contract, or if you receive significantly less than other parties, this is known as a material breach of contract. Sometimes, parties can fail to fulfil their obligations within the contract on time or at all, leading to disputes that may need to be resolved through alternative dispute resolution. Usually, the claimant can state that they would not have entered the contract if they knew what the outcome would be. In such case they might not be required to fulfil their obligations under the contract.
Material breaches are often known as ‘major breaches’ and can be resolved by turning to a qualified litigation solicitor, who can implement alternative dispute resolution, keeping your claim out of court proceedings wherever possible.
Also known as a partial breach, a minor breach applies when the breaching parties don’t infringe the whole of the contract, but they have still failed to uphold part of their end of the contract. The claimant may only be able to begin legal proceedings if they can prove that the breach caused them to lose out financially. For instance, if one party promised to make a delivery to another party by a set date, but it was delayed, the party waiting for the delivery could claim for a breach of contract if the delay caused them financial detriment.
An actual breach applies to a breach that has already occurred. This can mean that the breaching party has failed to carry out their duties in terms of the contract, or they have refused to. When a breach does occur, the claiming party can build a case with a professional civil litigation solicitor to help remedy the dispute without venturing to court. All parties involved can work together to come to a solution that benefits everyone.
Here at Van Eaton Solicitors in Streatham, we have experience in handling a range of civil litigation cases. Our probate solicitors can help you build your case effectively, whether you are the executor or beneficiary of an estate, or you wish to make a claim against one. To find out more about our probate services, please visit us here.
If you come to the realisation that one or more of the parties you are in contract with will not fulfil all or part of their obligations, this is known as an anticipatory breach of contract. The breach may not have occurred yet, but if one of the parties notifies you in advance that they will not be able to fulfil their obligations, you may be able to make a claim. However, if one or more of the parties acts in a way that suggests they will not be able to adhere to the contract, you can still make a claim for anticipatory breach of contract.
Our civil litigation solicitors here at Van Eaton can help you understand the type of breach that has occurred, allowing you to build an airtight claim. You can arrange a free consultation by filling out our online form here.