A contract is a legally binding agreement between two or more parties. A claim for breach of contract may be made 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. Specialist Breach of contract solicitors are well placed to assist resolution of breach of contract: in contract disputes, one contracting pa... More claim.
In contract law, the various categories of contract breaches include minor breaches, material breaches, fundamental / repudiatory breaches, and anticipatory breaches.
Minor breaches: A minor breach of contract, also sometimes referred to as an immaterial breach of contract: in contract disputes, one contracting pa... More, 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 damages: in litigation and dispute resolution, financial com... More for breach of contract: in contract disputes, one contracting pa... More.
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 contract: in contract disputes, one contracting pa... More Lawyers London: Contract disputes
A contract dispute can arise under any sort of legal agreement. South Bank Legal’s breach of contract solicitors, London can represent clients in breach of contract: in contract disputes, one contracting pa... More disputes involving:
- 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 respective 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 contract law solicitors are quick to analyse the facts of a case and provide options tailored to the needs of our business clients.
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: in contract law, the cessation of the term of t... More– 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: in litigation and dispute resolution, financial com... More– 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: a legal remedy in claims for breach of... More– 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.
A remedy to a breach of contract: in contract disputes, one contracting pa... More may be negotiated and agreed between parties without needing to proceed to a court hearing. If an agreement cannot be reached through informal negotiation, more formal alternative dispute resolution (ADR) methods, such as mediation: in the context of litigation and dispute resoluti... More or arbitration, may be attempted. The use of ADR is encouraged by the Court; disputes are often settled in a more efficient and cost effective manner.
If an agreement cannot be reached using negotiation or more formal ADR methods, assistance from the court may be required to settle the dispute.
South Bank Legal, breach of contract: in contract disputes, one contracting pa... More solicitors, London
South Bank Legal is a specialist commercial litigation: the bringing of a lawsuit or legal claim in cour... More law firm based in London with vast experience in breach of contract: in contract disputes, one contracting pa... More disputes. We can assist in the drafting of commercial contracts as well as resolving disputes in relation to a contract.
South Bank Legal are authorised and regulated by the Solicitors Regulation Authority. We are registered in England and Wales with offices in London.
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