Breach of Contract
Navigating a Breach of Contract: Essential Actions to Consider
Business relationships are typically built on solid contracts where both parties honor their commitments. However, if you find yourself in a breached contract situation, with financial or other damages incurred, you should seek legal help. A breach of contract attorney can guide you through the complexities and potential legal remedies to protect your interests.
What is a Breach of Contract?
When two parties engage in a business contract, they assume legal responsibilities to fulfill their outlined obligations. A breach of contract occurs when one party in a binding agreement fails to deliver according to the terms of the agreement. Breaches can be intentional or unintentional, with misunderstandings that lead to violations. Regardless of the cause, a contract breach may result in a breach of contract lawsuit.
In a breach of contract lawsuit, several elements must be present for the plaintiff to be awarded restitution. To secure a victory, the plaintiff needs to demonstrate the following key factors:
The existence of a valid contract between the two parties, comprising an offer, voluntary acceptance, and reasonable consideration for each party involved.
The plaintiff must establish that there was a breach of specific terms in the contract, providing evidence of the elements that were violated.
It is crucial to show that the breach of contract resulted in damages, indicating that the business suffered financial harm due to the breach. Damages can encompass lost funds, time, and other quantifiable injuries incurred as a direct consequence of the breach.
What to Do if You Suspect a Breach of Contract
If you have experienced a breach of contract, here are some steps you can take to resolve the situation:
Talk to the other party. Reaching out to the other party can be efficient and cost-effective, especially if the breach was unintentional.
Understand your damages. If resolution seems unlikely through mediation, it may be time to assess how much you're owed in terms of damages. It will help determine if pursuing a lawsuit or alternative dispute resolution (ADR) is more viable.
Attempt ADR. Alternative Dispute Resolution, also known as an ADR, are cost-efficient alternatives to litigation. They include mediation and arbitration. Utilizing a mediator can keep the conversation focused and aid in reaching a mutually agreed-upon resolution. In arbitration, an appointed arbitrated makes the decision on your case. This less adversarial approach may preserve business relationships.
Determine whether a breach of contract lawsuit is viable. If ADR is ineffective, the next step is to determine the viability of a lawsuit. This involves evaluating damages, comparing them to litigation costs, and considering other factors, like evidence and statutes of limitations.
Working with a Breach of Contract Attorney
When all other attempts to resolve a breach of contract have been exhausted, filing a breach of contract lawsuit might be your only recourse to seek restitution. Working with a breach of contract attorney is crucial to assess the situation, gather supporting evidence, and navigate the legal process to protect your rights.
A breach of contract attorney will guide you through filing the lawsuit in the appropriate court based on your circumstances and the amount in dispute. The legal process commences with filing of the complaint, and the defendant responds with an answer. If you win, your attorney can help enforce the contract's specific terms, obtain and enforce a lien on the defendant's property for judgment collection, and even reform the contract to ensure future compliance.
Additionally, a breach of contract attorney can provide invaluable advice on preventing future breach of contract issues, ensuring you have a dedicated advocate to help you secure the resolution you deserve.
If you have any breach of contract-related issues, contact HHP Law Group for a free consultation. Our breach of contract attorneys will assess your rights and help you form a plan of action.
FAQs
What are my contractual rights and responsibilities?
In general, a contract is a verbal or written agreement, where one party gives some sort of consideration, usually money, property, or a service, in exchange for receiving in return a service or property. A party’s rights and responsibilities under a contract are generally set out and governed by the terms of the contract, which can be extremely complex. Our experienced contract dispute attorneys at the HHP Law Group have litigated these rights and responsibilities on behalf of our individual and business clients. We also draft and review proposed contracts for our clients to hopefully avoid future litigation. If you have a question about a contract, please contact the HHP Law Group today.
What is interference with a contract?
In South Carolina, an individual or business cannot knowingly and intentionally interfere with the contractual relationships of another individual or business. If it can be proven that this was intentionally done and caused a breach of a contract and damages, the impacted individual or business may have a legal claim. If you believe your contractual relationships have been interfered with by an outside party of a competitor, please contact the HHP Law Group today.
Is my covenant not to compete valid?
Many employment contracts in South Carolina include a provision where the employee promises not to work in that field for a specific time after his employment with that employer ends. These “covenants not to compete,” are controversial but are enforceable under South Carolina law if certain conditions are met. HHP Law Group attorneys have experience arguing for and against enforcement of these provisions. If you have a question about the enforceability of these provisions, please contact the HHP Law Group today.
