Breach of Contract
The Joe Griffith Law Firm, LLC has the
experience and resources to take on complex business litigation,
including breach of contract cases.
A contract can be verbal or written. In its simplest form, it can be
described as a promise, or a set of promises, that the law will
enforce or recognize. When there is a contract dispute, the law may
allow for damages or even demand specific performance based on the
promise made.
A breach of contract occurs when one party to a bargained-for
exchange fails to perform his part of the agreement. Examples of
when a breach occurs include:
- One party to a contract makes it impossible for the other
party to the contract to perform.
- A party to the contract does something in violation of a
material term of the agreement.
- A party absolutely refuses to perform the contract.
- A party communicates an intent to not comply with the
contract, sometimes known as an anticipatory breach of the
agreement.
Not every instance of a breach is considered a “contract killer”
– ending up in a lawsuit. This depends on whether the breach is
“material” or “immaterial,” and who the parties are. Breaches may
sometimes be excused or corrected. If the matter is substantial, you
should seek the advice of an attorney.
Other causes of action may be applicable when a contract dispute
arises, including breach of contract coupled with a fraudulent act,
negligent misrepresentation, fraud in the inducement, fraud, unfair
trade practices and civil conspiracy. Depending on the nature of the
contract, and of the dispute, you may have a choice of legal
remedies, including:
- Compensatory damages -- money to reimburse you for costs to
compensate for your loss.
- Consequential and incidental damages -- money for losses
caused by the breach that were foreseeable. Foreseeable damages
means that each side reasonably knew that, at the time of the
contract, there would be potential losses if there was a breach.
- Attorney's fees and costs -- only recoverable if expressly
provided for in the contract.
- Liquidated damages -- these are agreed upon damages
specified in the contract that would be payable if there is a
breach of the agreement.
- Specific performance -- a court order requiring performance
exactly as specified in the contract. This remedy is rare,
except in real estate transactions and other unique property, as
the courts do not want to get involved with monitoring
performance.
- Punitive damages -- this is money given to punish a person
who acted in an offensive and egregious manner, in an effort to
deter the person and others from repeated occurrences of the
wrongdoing. You generally cannot collect punitive damages in
contract cases unless fraudulent conduct is involved.
- Rescission -- the contract is canceled and both sides are
excused from further performance and any money advanced is
returned.
- Reformation -- the terms of the contract are changed to
reflect what the parties actually intended.
If your company or organization has a contract that has been
unfulfilled or violated, or you are being sued in a breach of contract
dispute in the state of South Carolina, contact the Joe
Griffith Law Firm, LLC today.
You can reach JGLF at 843-CALL-JOE (843-225-5563), or Contact The Law Firm via
the online form.
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