Breach of Contract

What does a breach of contract mean?

In most contracts, there are two or more parties. But the most common would be two. Breaches happen when one of the parties fails to fulfill their duties that are outlined in  the terms and conditions of the contract.

In most cases, a breach of contract is grounds for a civil or small claims lawsuit.

The law will consider any violation of the agreed terms as a breach meaning someone has failed to in their part of the initial contract agreement. Having a lawyer go over the original contract at signing will help parties understand their duties for the duration of the agreement.

For breaches of $35,000 or less, you can file in small claims court. It is highly advised you seek the advice of a small claims lawyer to do this as they have the education and experience in small claims court that most do not. We at Legal Solutions specialize in small claims court cases.

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Ways to Breach of Contract:

  • sales of goods
  • delivery of service
  • debt obligations
  • rentals (commercial or residential )
  • leases
  • business services
  • property maintenance
  • building
  • employment

Do I have a right to break a contract?

 

There are circumstances where a person may breach a contract because they feel the other party is not holding up their duties of the contract as well. A judge in small claims court will review the agreement signed by both parties and determine if, in fact, a breach was made and if so, what consequences that person may face.

A breach of contract lawsuit must meet four requirements.

  • The contract must be valid and contain all essential contract elements. A contract isn’t valid unless all these essentials are present; if not present, there can be no lawsuit by a party.
  • Plaintiff, suing for breach of contract, must prove that the defendant indeed did breach the terms of their initial agreement.
  • The plaintiff must have followed the contract themselves at all times.
  • The plaintiff must have notified the defendant of the breach before proceeding with a lawsuit. Notification made in writing will work better then verbal due to the simple fact that it offers more substantial proof.

Breach of Contract Law Firm

At Legal Solutions Law Firm, we have the experience you want on your side in small claims or civil court. We understand the court’s procedure for these types of filings and have the knowledge to help you win your case.

If you feel your contract has been breached, we offer a free phone consultation to explain your side of the story. We will be honest and upfront with you during our initial conversation with our legal assessment of your situation.

Contact our Small Claims Court lawyer or Superior Court lawyer today and let’s talk.

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