At its simplest, a contract is a promise, or set of promises, that can be upheld through the law. There are many instances in which a contract dispute arises between the parties named in the contract. One of the most common contract disputes is a breach of contract, which occurs when one or more parties does not uphold their portion of the agreement.
When that is the case, the party that believes they were wronged can file a lawsuit against the party that allegedly breached the contract. If you are involved in such a situation, it is important consult with a knowledgeable breach of contract lawyer. Whether you’re a business or an individual, Beth Santilli Law in Mt. Pleasant, SC can fight for your rights and pursue damages or equitable relief. Request a consultation today.
Types of Breach of Contract
Beth Santilli Law has worked on many different types of contract cases, including construction contracts, real estate contracts, employment contracts, licensing contracts and more. A breach of contract occurs when one party refuses to uphold their part of the agreement outlined in the document. Some of the most common types include:
– One person makes it impossible for another part to uphold their end of the agreement
– One party violates a material term of the contract
– One party simply refuses to comply with their responsibilities as outlined in the contract
– One party states or otherwise implies that they will not uphold their end of the agreement, which is also known as an anticipatory breach of the contract
In order for a breach of contract to end up in a lawsuit, the breach must be considered a “contract killer”—and not all contract breaches result in this. Whether a breach of contract results in a lawsuit will depend on whether the breach was material (crucial to the contract) or immaterial (not crucial to the terms of the contract).
Potential Damages Available
The purpose of filing a breach of contract lawsuit is often to recover damages, or losses, that a person or business sustained as a result of the broken promise. These damages include:
– Consequential damages: These are losses that each party could have reasonably foreseen that would be suffered as a result of a breach.
– Liquidated damages: These are damages outlined in the contract that one or both parties have agreed to pay if one party breached the contract.
– Attorney fees: These are only applicable if the contract specifically states that one party will pay them as a result of the breach of contract.
– Specific performance: This is a court order that requires one party to conduct their duties outlined in the contract. With the exception of real estate transactions, these damages are very rare.
– Punitive damages: Punitive damages are not meant to compensate the wronged party but rather to punish the wrongdoer and deter them from such action in the future. Like specific performance damages, punitive damages are rarely awarded unless the fraudulent conduct was involved.
The knowledgeable lawyers at Beth Santilli Law can evaluate what damages may be involved in your claim after reviewing the specific facts of your case.
Get Legal Help Today
People enter into contracts in the hope that the other parties involved will follow through with their part of the agreement. Unfortunately, that is not always the case. Sometimes, people go back on their word. Other times, people are accused of committing a breach of contract when they have not made such a breach.
If you have suffered losses as a breach of contract, or if you have been accused of committing such a breach, Beth Santilli Law is here to help. Contact us today to request an initial consultation.