- Alex Kleyman
Breach of Contract and Remedies
Updated: Nov 1, 2021
Every day new businesses come into being, some bind into new contracts, and some face issues like breach of contract and similar others disputes. A contract is essential for so many obvious and not so obvious reasons. No matter you are running a business that offers products or services, you should consider protecting your interests and long-term objectives in your contract.
While it is unacceptable that business contracts are done, both sides are getting the benefit and are happy with the results and no dispute is arising. There are so many issues that can uprise like financial problems that can pop up, delays can happen and whatnot. The following is an article where we will discuss everything related to breach of contract. From breach of contract consequences to breach of contract remedies.
What is a Breach of Contract?
Simply put, a breach of contract is a violation, a contravention of any agreed-upon T&C of a binding contract. The violation can be anything, some are simple and some are serious violations such as failing in delivering a promised asset.
Regardless of the contract type; oral or written, a breach of contract can happen. There are two options, either the issues can be resolved internally through mutual understanding or in a court of law. The accuser has to claim and prove that the breach occurred. For such claims, there is a lot of different Breach of Contract Lawyers NYC wide available that you can get in touch with and get the compensation you want.
Also, there are different types of breaches such as minor or material. Read on will discuss the types in the next section.
Types of Breach of Contract in Business Law
Here are four different types of breaches you should know about:
1. Material Breach of Contract
A contract specifies the benefits one party will receive via the business and when one party doesn’t receive it or get significantly lesser than what was specified, a material breach of contract happens. Also, it can include a failure to a failure to perform contracted responsibility on time. When such a breach occurs, the related direct and indirect consequences and the damages are faced by the accused party.
2. Minor Breach of Contract
A minor breach of contract or partial breach of contract is when a situation arises where the deliverable of the contract is accepted by the other party but there are some obligations that the party in breach is unable to fulfill.
In such breaches, a legal remedy is pursued by the party that has suffered to claim a certain amount and needs to prove that the breach resulted in losses (mainly financial).
3. Anticipatory Breach of Contract
This is one unique type of breach where the breach hasn’t occurred yet but as per the contract one party denies fulfilling particular duties that are mentioned in the contract. This however occurs when there is a direct notification from the other party refusing to be obliged with particular duties. Also, if one party shows signs of negligence, they may fall under anticipatory breach of contract.
4. Actual Breach of Contract
Actual breach occurs when one party breaches the contract, which means the breaching party is not fulfilling their obligations, performing incompletely, improperly or refuse to deliver as per the due date.
Breach of Contract in Business Law
There are different types of contracts that are established but most of the contracts that are seriously taken into considerations relate to businesses. Breach of business law occurs when one of the partners doesn’t fulfill a contractual obligation and if it leads to losses, the other partner can claim the compensation in terms of monetary losses.
Breach of Contract Disputes
Contract disputes arise when one of the parties doesn’t comply with the terms or in other terms does not act on their side of its obligations of a defined contract. In such scenarios, the other party can take legal action as well and give rise to a claim for breach of contract. Disputes can be resolved and if you want to claim something, you should get in touch with some Business Dispute Attorneys to get the results you desire.
Elements of a Breach of Contract Claim
As per the law, there are four elements for a breach of contract claim:
The existence of an oral or written contract;
Some justification for no performance
Negligence to perform the contract by the defendant
Damages to the plaintiff
When Does Breach of Contract Becomes Criminal?
A breach of contract can result in losses. These losses can be anything from money to any other damage. The court can take these actions into the account, prosecute, and may put sanctions including imprisonment. This is considered a criminal offense even if the accused party only intends to harm the other party. If you are dealing with such cases, you will need to get help from the Breach of Contract Law Firms like Kleyman Law Group, New York.
Breach of Contract Lawsuits
No matter the contract was oral or written, a breach of contract can be grounds for a civil lawsuit. But before you consider starting a lawsuit for a breach, there are three important considerations.
The first thing that you should consider is to be certain that a contract was established. Contracts can be made on several different scenarios, as simple as a simple agreement with your plumber and as complex as a business transaction or delivery of an asset. It doesn’t matter that the contract was oral or written but oral agreements are harder to prove as compared to written ones.
The second step is to prove. You need to prove that the other concerned party breached an important term or condition of the contract.
Now you need to prove and show that you suffered a loss because of the breach.
The losses can be anything and you need to consult with a good Breach of Contract Attorney in NYC like Kleyman law group New York to get the amount you lost. Small Claims Courts are made for claims under $35,000.
Consequences of Breach of Contract
When a party fails or breaches a contract obligation, the party suffering has the full right to ask for the fulfillment of the and demand performance with the aid of authorities. There are several consequences of a breach of a contract and these depend and vary on the party in breach.
Common consequences include remedy of the defect, compensation for the losses, reduction of the contract price, and interest for delays. However, cancelation of the contract is not possible under normal circumstances until the breach is fundamental.
What Are the Remedies for Breach of Contract?
Here are the possible remedies discussed below:
Compensatory damages include an award that needs to be paid by the party in breach of the losses. There are two ways used to calculate the compensation amount: Expectation damages and consequential damages. Expectation damages mean the losses occurred due to a direct breach of contract. Consequential damages include the possible damages that may up rise due to the breach of contract.
This is a type of remedy where a court orders the parties to perform their end of the bargain. Specific performance is not opted by most people and prefer monetary damages.
This one is similar to specific performance but here the court orders the opposite. The court orders a party not to do something. An injunction can be both temporary or permanent.
Rescission is another remedy where a non-breaching party is allowed to cancel the contract. Rather than seeking compensation for the losses or complete the bargain, the non-breaching party can simply end the contract.
When it is hard to calculate the correct amount of the compensatory damages, liquidated damages are adopted where parties agree to a specific amount as compensation for a breach.
Speak to an Experienced Brooklyn, NY Breach of Contract Attorneys Today!
Misunderstanding, mistakes, and even undeniable errors can occur where you as a partner can suffer. If you want to get the return for your losses, it is time to get help from experienced New York Business Litigation Attorneys today!
At Kleyman Law Group with the best New York Attorneys, our approach is to get the maximum possible compensation for the breach of contract. We are experienced and can handle every possible case when it comes to breaching of contract.