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.