Breach of Contract
A commercial contract is designed to clearly set out the rights, responsibilities and obligations of each party and to prevent financial risk. As such, they form the backbone of any business.
Even so, even the most well-written of contracts can be subject to breaches if one of the parties fails to fulfil its contractual obligations. For example:
- One of the parties makes a disclosure that contravenes a Non-Disclosure Agreement (NDA)
- A contractor delivers work that is late or not to the standard specified in the contract
- An employee fails to work their contracted hours
- A customer fails to pay an invoice by the specified date
- A supplier does not deliver the contracted quantity of goods
Types of breach of contract
Under English law, there are four main types of breach of contract that differ both in terms of severity and the legal remedies available.
- Minor – a term has been breached but it is immaterial to the fulfilment of the remainder of the contract
- Material – this breach results in a substantially different outcome to that agreed upon in the contract
- Anticipatory – the contract has not yet been breached but it becomes clear that one party does not intend to fulfil its obligations in the future
- Repudiatory – a repudiatory breach is so severe that the injured party can use this as grounds to terminate the contract
When the terms of a contract are breached, however minor that breach may be, so is the trust established between the parties. It is therefore unsurprising that serious legal disputes can arise following a breach of contract.
Whether you are looking to make or defend against a breach of contract claim, it is therefore vital to have experienced lawyers on your side with a thorough understanding of contract law, litigation and alternative dispute resolution methods.
That is why the Commercial Dispute Resolution team at Attwaters Jameson Hill is here.
How we can help
Making a claim for breach of contract is not always straightforward, and may not result in the outcome you are looking for. At Attwaters Jameson Hill, our experienced lawyers will assess the merit of your claim and help you weigh up the cost of litigation against the likely outcome. With significant litigation experience, we can help you defend your position in a court of law.
However, we also understand that many clients will be looking for an early resolution of their dispute on acceptable financial terms. In this case, we will work hard to avoid litigation using our considerable experience of alternative dispute resolution methods, with the aim of resolving claims as amicably as possible and to the mutual satisfaction of all parties.
Whether you are looking to pursue or defend a breach of contract claim, it remains vital to obtain clear, high-quality legal advice from a specialist lawyer. This will ensure that we identify the key issues at play, that we weigh up the costs against the likelihood of obtaining your desired outcome, and that we are always recommending the very best course of action for you and your business.
