Breach of Contract

Breach of Contract

The purpose of a contract is to form a clear writing so that the parties understand and memorialize the binding and material terms of an agreement made. A well-drafted contract should set forth the duties and responsibilities owed by the parties as well as the specifics of any expectations that the parties have. However, often times disputes arise between the parties to a contract and litigation is required. In these situations, you need attorneys with skill and experience in handling contract disputes.

The disputes that may arise from a contract can take many forms. Almost all such disputes are related to three general areas. Those areas are: 1) the formation of the contract, 2) the terms of the contract, and 3) the enforcement of the contract. The formation of the contract involves the validity of the contract and the consideration given to form the contract. The terms of the contract include what was bargained for and the provisions detailing the same. The enforcement of the contract involves the process of taking legal action to see that a breaching party is forced to comply with the terms of the contract and/or pay money damages related to the breach.

While one may think that contract disputes are fairly straightforward, they usually are not. This is because there are a complex set of laws governing contracts and what is required to make them binding and legally enforceable. There are certain requirements that must be complied with to form a valid and binding contract recognized by the law. In addition, there are several defenses that may be raised to avoid or invalidate a contract. For example, certain items may not be contracted for and any such contracts are immediately void and unenforceable. Likewise, certain items and agreements must be made by a signed and written contract to be legally binding.

In addition to the above, there are specific legal rules that apply to contracts with respect to: misunderstandings between the parties, mistakes made in drafting the contract, interpreting ambiguous or unclear terms, executing a contract under duress, being unduly influenced to enter into a contract, evidentiary presumptions and burdens of proof. There are also additional rules that apply to contracts for which the subject matter is a commercial transaction, real estate, tenancy relationship, service provided or consumer sale.

Contracts often have a provision which calls for mandatory mediation or arbitration. If such a clause exists and is enforceable, the parties are precluded from having the matter determined by a court or jury. Nevertheless, the parties may be represented by an attorney at the mediation or arbitration hearing. In addition, contracts usually have a provision which states that the party who prevails in a contract dispute is entitled to recover his or her attorney’s fees related to the same. As such, a party may be able to recover any attorney’s fees paid in enforcing a contract and litigating a contract dispute.

If you are involved in a contract dispute, the attorneys at the Piccuta Law Group can help. Whether you are defending a breach of contract claim or are looking to enforce the terms of a contract breached by the other side, the attorneys at the Piccuta Law Group are available to assist you. Our attorneys have extensive experience in litigating contract disputes and are ready to discuss your case today.