Immaterial, Anticipatory & Partial Breach Disputes
A contract is a written or oral agreement between parties, which sets out the expectations and obligations of both parties to each other. Contracts can be extremely simple documents and agreements or incredibly complex in nature. There are many different types of contracts, and they are often found in employment and business relationships. A breach of contract is defined as occurring when one, or several, of the parties to a contract fail to act or refrain from acting in a way that was contractually mandated without legal justification. For instance, if a business was contractually obligated to deliver 1000 widgets on the 5th of November but only delivered 50 widgets, a breach has likely occurred. The party who has been injured or damaged by the breach, can seek damages from the breaching party that can include actual damages, loss of income, consequential damages, and incidental losses.
If another party has breached a contract and you have suffered damages, the experienced lawyers of Bellatrix PC can protect your interests by negotiating a settlement or working to enforce the contract through litigation.
What types of breach can occur?
There are varying degrees and types of breaches of contract. These types of breach include:
- Material Breach – This is a substantial breach that generally excuses the non-breaching party from further performing under the contract and allows the non-breaching party to sue for damages for their loss.
- Anticipatory Breach – This can occur when one party states without equivocation that they will not perform some part of the contract. The non-breaching party can then usually treat the unequivocal statement as an immediate breach and sue for their damages.
- Partial or Immaterial Breach – This is less substantial than a material breach and does give the non-breaching party a right to recover their damages, but usually still does not excuse the non-breaching party from performing the remainder of the terms of the contract.
Our experienced attorneys can help you understand the legal classification for the breach that may have occurred in your contractual dealings. We can also inform you as to your legal remedies and recourse.
Our responsive attorneys answer your questions regarding contracts.
It is not always black and white as to what type of breach you are dealing with and what the proper remedies will and should be. Having a breach of contract lawyer available to calculate the potential amount of damages you may owe in any given situation, discuss any legitimate legal excuses that may apply to you, and to fully defend you and your company during arbitration, mediation, or trial, is critical. Bellatrix PC has extensive experience in employment and business law and can advise and fully defend you and/or your company in connection with a breach of contract action.
Should it appear that litigating the matter is the most likely means to secure a favorable result for our clients, we will handle each and every step in the legal process. We strive to present your contractual interests in a manner that a jury can understand and identify with.