A breach of contract dispute can occur where one party fails in their obligations under an agreed contract, which can then give rise to a claim for compensation or other remedies depending on the terms of the contract. Breach of contract can have a significant impact on the parties involved, and it is the far-reaching nature of this impact that can cause a breach of contract disputes to become particularly complex and potentially costly. It is important to remember that there are time limits in bringing a claim and in this article, breach of contract claim time limit, we take a look at the process and options available.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you if you are involved in a commercial dispute, get in touch with us today. We are experienced in dealing with all forms of commercial litigation and dispute resolution and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is a contract?
A contract is a promise or an agreement between two or more parties that is legally binding. It can be made in writing or by oral agreement. There must be a clear intention by both parties to the contract that they will be bound by its terms and it can only be considered to be realised if an offer is made to one party which is subsequently accepted by the other party.
In order for a promise to become a legally binding contract, the following three elements must exist:
- An agreement – which is created by the offer and acceptance of specific terms or obligations.
- An intention to create legal relations and form an agreement which is enforceable by law.
- Consideration – where one party promises to do something in return for receiving a right, interest or benefit promised by the other party.
What is a breach of contract?
A contract can be breached if it is written or an oral contract. There are a number of ways in which a contract can be breached and these include:
- If a party refuses to perform their duties set out in the contract
- If the work carried out is defective
- Due to not paying for a service or not paying within the limits specified
- From a failure to deliver goods or services
- From being late with services without a reasonable excuse
A breach of contract will normally fall into any of four categories: minor, material, repudiatory, and anticipatory.
A minor breach of contract
Also referred to as partial breach, it is a breach of contract that is less severe than a material breach and it gives the wronged party the right to sue for damages but does not usually excuse him from further performance.
A material breach of contract
A material breach of contract is where the breach has serious consequences on the outcome of the project where a party would not have entered into the contract if they could not have guaranteed this term.
A Repudiatory breach of contract
A fundamental or repudiatory breach of contract is where the severity is such that the contract can be terminated instead of the innocent party seeking damages.
An anticipatory breach of contract
This type of breach is one where a party expressly communicates that they will not be carrying out a term or condition of the contract.
How long do you have to bring a claim for breach of contract?
For breach of contract claims you generally have 6 years from the breach of contract to bring a claim. This means that you will need to have issued a Claim in Court (County Court or High Court) before the expiry of 6 years from the date of the breach of contract or cause of action.
How we can help
We have a proven track-record of helping clients involved in commercial disputes. There can be an array of issues to take into consideration and we will guide you through all the necessary legal due diligence in a comprehensive and timely manner and support and advise you with all the negotiations. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Commercial Litigation Solicitors
It is important for you to be well informed about the issues and possible implications of a contract dispute. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Commercial litigation solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
Comments are closed.
