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 in these types of complex cases.
In contract law, there are various types of contract breach that can arise. These include minor breaches, fundamental/ repudiatory breaches, material breaches and anticipatory breaches.
Minor breaches: A minor breach of contract, also sometimes referred to as an immaterial breach of contractbreach of contract: in contract disputes, one contracting pa..., is not a term of art but one used to describe a breach that is not serious. A claim for a minor breach of contract can be worth pursuing if it can be proven that the breach resulted in loss and damage. A minor breach will not generally permit the innocent party to terminate the contract.
Material breaches: A material breach of contract is similarly not a term of art but refers to contractual breaches that are not minor, and more serious. In some circumstances a material breach will be a fundamental breach allowing the innocent party to terminate the contract. Material breaches are also more likely to give rise to claims for damagesdamages: in litigation and dispute resolution, financial com... for breach of contractbreach of contract: in contract disputes, one contracting pa....
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 occurs 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 contractbreach of contract: in contract disputes, one contracting pa... solicitors Birmingham: Contract disputes
A contract dispute can arise under any sort of contract. South Bank Legal’s breach of contract solicitors, Birmingham, can represent clients in disputes arising from breaches of contract, including:
- Contracts to buy a business
- Share purchase agreements (including post-completion warranty claims)
- Shareholder agreements and partnership agreements
- Contracts for the purchase of property (in particular, where a buyer wishes to rescind prior to completion due to a misrepresentation by the vendor or vendor’s agent)
- Employment contracts containing restrictive covenants
- Agency agreements
- Banking facility agreements
- Personal guarantees
- Loan agreements
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 when the terms and conditions of a contract are not adhered to.
Determining whether a breach of contract has taken place is not always clear cut. Each party to the contractual dispute will have its contrasting arguments. Our litigationlitigation: the bringing of a lawsuit or legal claim in cour... solicitors are quick to analyse the facts of a case and provide options specific to the needs of our business clients.
Remedies to a breach of contractbreach of contract: in contract disputes, one contracting pa...
If your contractual rights have been breached and you wish to make a breach of contract claim, you may have a number of legal remedies including:
- Terminationtermination: in contract law, the cessation of the term of t...– 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.
- Damagesdamages: in litigation and dispute resolution, financial com...– 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 Performancespecific performance: a legal remedy in claims for breach of...– it is sometimes possible to obtain a court order requiring a party who has failed or refused to honour a contract to carry out their contractual obligations. The remedy of specific performance is less common, however, as courts will typically look to compensate a wronged party by awarding monetary damages.
Alternative dispute resolution (ADR) may also be recommended depending on the case. ADR methods can help to resolve breach of contractbreach of contract: in contract disputes, one contracting pa... disputes without any formal court proceedings. ADR can be much more cost effective and can help to resolve the breach of contractbreach of contract: in contract disputes, one contracting pa... dispute quickly and efficiently.
How can South Bank legal assist?
Our breach of contractbreach of contract: in contract disputes, one contracting pa... solicitors, Birmingham, have vast experience dealing with breach of contractbreach of contract: in contract disputes, one contracting pa... disputes and employment law matters. We always work closely with our clients to ensure we provide the legal advice that they need.
For more information, please contact South Bank Legal via email at info@southbanklegal.com. Alternatively, call 0203 1266 584 for a free initial no obligation discussion with a contract dispute solicitor today.
Get in touch today