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Taking Action: Knowing When to Pursue a Breach of Contract Claim

On Behalf of | Apr 4, 2023 | Business Litigation

Contracts form the backbone of many professional and personal relationships, and business owners might not always know how to handle them.

Navigating the complexities of contracts can be challenging, but understanding when to pursue a breach of contract claim is crucial to protecting your interests.

Understanding the severity of the breach

A contract breach occurs when one party fails to fulfill its obligations as outlined in the agreement. However, breaches vary in severity, and not all warrant legal action.

Material breaches are significant violations of contract terms that render the agreement irreparably harmed. In such cases, the non-breaching party is generally justified in pursuing legal remedies. In contrast, immaterial breaches are minor or inconsequential deviations from the terms that may not merit legal action.

Another factor to consider is the financial impact of the breach. If the breach has caused substantial monetary losses or damages, seeking compensation may be necessary. Additionally, if a party consistently fails to adhere to the contract terms despite prior warnings or agreements to remedy the situation, pursuing a breach of contract claim might be appropriate.

Exploring potential remedies for breach of contract

Before initiating legal action for a breach of contract, it’s essential to explore the possible remedies available. Monetary damages are a common remedy, awarded to the non-breaching party to cover losses resulting from the breach. This can include actual losses, anticipated future losses or both.

In certain unique situations where monetary compensation is insufficient, a court may order the breaching party to fulfill their contractual obligations, a remedy known as specific performance. Furthermore, if the breach is severe enough, the non-breaching party may choose to terminate the contract and pursue damages for any losses incurred.

Each case is unique, and the most appropriate course of action depends on the specific circumstances surrounding the breach. With a thorough understanding of the issues at hand, you’ll be better positioned to protect your interests and seek justice for any contractual violations.