Any party that fails to live up to its contractual obligations could be deemed to be in breach of contract. There may be a variety of consequences for failing to follow through on a promise made to another party. It isn’t uncommon for a breach of contract case to be resolved in court.
The elements of a breach of contract lawsuit
There are several steps that you need to take before you can file a breach of contract lawsuit. First, it must be shown that there was a valid contract in place. Next, the plaintiff must show that they lived up to its obligations under the deal. Finally, it will be necessary to show that a breach occurred and that the defendant was notified about the breach before the lawsuit was filed. Ideally, notice will be provided to the defendant in writing.
The contract won’t necessarily be cancelled
If you are the victim of a partial breach, you will likely need to follow through with any promises made to the party responsible for the breach. However, if a breach is deemed to be material, it can be serious enough to scuttle the entire contract. Even if the deal remains in place, you may still be entitled to an injunction or financial compensation after a material breach takes place.
Defending against a breach of contract allegation
There are a variety of defenses that may be used in a breach of contract case. For instance, it may be possible to claim that breach was the result of errors committed by both parties to the contract. It may also be possible to claim that the statue of limitations in the state has expired.
If you believe that another party has failed to meet its contractual obligations, it may be a good idea to consult with a business law attorney. An attorney may be able to review the deal or take other steps to help obtain a favorable outcome in a breach of contract case.
