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Breach of Contract Solicitors: Dispute Resolution

Breach of Contract Disputes

What is a breach of contract?

.A contract is a legally binding agreement between two or more parties. A breach of contract occurs when a party fails to fulfil their obligations set out within the terms of the contract. Contracts can be written contracts or verbal contracts and their terms can be set out as express terms or ‘implied’ terms. Breach of contract solicitors are required to assist on these types of complex cases.

In contract law, there are various categories of breaches; these include minor breaches, material breaches, fundamental/ repudiatory breaches, and anticipatory breaches.

Minor breaches: A minor breach of contract, also known as a partial breach or immaterial breach, happens when a party fails to fulfil some of the contractual obligations, or fails to carry out the obligations on time; however, the consequences of this type of breach are not serious. A claim for a minor breach of contract can be pursued if it can be proven that the breach resulted in a financial loss. A minor breach will not generally permit the other party to terminate the contract.

Material breaches: A material breach of contract is one which will have serious consequences due to the failure to fulfil contractual obligations or failure to carry out the obligations on time. In some circumstances, a series of minor breaches could result in a material breach.

Fundamental breach: A fundamental breach of contract is also known as a repudiatory breach. This type of breach is one which is deemed so severe that the innocent party can terminate the contract . They will also be entitled to bring a claim for damages suffered as a result of the breach.

Anticipatory breach: An anticipatory breach of contract happens when a party to a contract clearly indicates their intention not to perform their contractual obligations prior to performance of the contract falling due. This type of breach gives the innocent party the right to terminate for anticipatory breach and bring a claim for damages.

Breach of contract solicitors: Contract disputes

A contract dispute can arise under any sort of contract. South Bank Legal’s breach of contract solicitors can represent clients in disputes involving:

Regardless of how skilfully a commercial contract is prepared, or how diligently the contracting parties attempt to perform their end of the bargain, breach of contract claims can arise where the terms and conditions of a contract are not adhered to.

Determining whether a breach of contract has taken place is not often clear cut. Each party to the dispute will have its competing arguments. Our dispute resolution solicitors are quick to analyse the facts of a case and provide options tailored to the needs of our business clients.

Remedies to a breach of contract

If your contractual rights have been breached and you are looking to bring a breach of contract claim, you may have a number of legal remedies, including:

  • Termination– ending the contract and discharging yourself from any further obligations under it. This remedy is available where the other party has breached a term of the contract that is fundamental, or has acted in a way that indicates that they are no longer willing to perform their contractual obligations.
  • Damages– claiming financial compensation for the losses you have suffered from the breach of contract. The amount of damages to which you are entitled can however be expressly limited by the contract itself.
  • Specific Performance– it is sometimes possible to obtain a court order requiring a party who has failed or refused to honour a contract to, in fact, carry out their contractual obligations. The remedy of specific performance is less common however, as courts will generally look to compensate a wronged party by awarding monetary damages.

South Bank Legal, breach of contract solicitors

For more information you can contact South Bank Legal via email at info@southbanklegal.com or telephone 0203 1266 584 for a confidential discussion with a contract dispute solicitor today.

South Bank Legal are authorised and regulated by the Solicitors Regulation Authority. We are registered in England and Wales with a registered office in London.


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