Breach Of Contract Claims
Our solicitors are vastly experienced in assisting individuals and companies of all sizes to facilitate and advise upon a breach of contract claim. At Blackstone Solicitors, we are able to advise many different types of client on the process involved, no matter the complexity of the circumstances surrounding any breach of contract.
For more information about how our team of corporate solicitors can help, contact us on 0345 901 0445 or complete our online enquiry form and a member of the team will call you back at a convenient time.
It is always important to have the right contract in place for any transaction. However, no matter how good the relationship between the parties or the preparation of the paperwork, sometimes you simply cannot stop a breach of contract by the other party in an agreement.
A contract does not have to be a written document in order for it to be breached. A breach can be of a verbal, written (express) or an ‘implied’ term of a contract. There are a number of instances in which a breach of contract can occur. These include a service or services being delivered late without a reasonable excuse (the definition of reasonable is sometimes contested), where goods or services aren’t delivered when agreed, failure to pay for goods or services within the agreed time frame, delivery of defective work and failure to perform duties set out in the contract
Blackstone Solicitors are known for our efficiency, attention to detail and ability to get things done; qualities much needed when dealing with a breach of contract claim. We will provide professional, pragmatic advice based on our years of experience in this specialist area.
Our team will do all that is necessary to ensure you are properly and robustly represented in any negotiation and will put your interests first at all times. Disputing a breach of contract can be highly technical and we will ensure you are in the best possible position for a successful outcome.
Why Legal Help is Important
It should be remembered that a breach of contract dispute can take place in companies of any size and in any industry.
The process can be complex, potentially stressful and can be considered to be
incredibly important. It can have an impact on you and your business, both in the short and long term – it is therefore imperative that you have the best legal experts at your side, not only to ensure everything progresses as it should, but also to make sure both you and your business benefits from the best possible terms of any agreement.
To sue for breach of contract, you must be able to:
- Prove that there was a contract in existence.
- Prove that the other party did not perform their part of the contract satisfactorily.
- Prove that you suffered a loss as a result.
It will also be expected that you have taken reasonable steps to ‘mitigate your losses’ to reduce the impact of the breach of contract. This is expressed as a ‘Duty to Mitigate’ and losses cannot be recovered if they could have been reasonably avoided. The party in breach may argue that the innocent party has failed to mitigate their loss in order to reduce damages received.
In terms of legal costs, the loser normally pays the reasonable costs of the winner, and most cases settle before they get to Court. It is also important to consider that there is a six-year time limit for bringing a claim.
If your circumstances warrant a breach of contract claim, you may be entitled to receive monetary damages. The general intention of awarding damages is to place the injured party in the same position they would have been had there not been a breach of contract.
There are also other alternative remedies which the Court may see fit to award following a breach of contract. For example, the Court may make an order for an injunction where the party in breach must either remedy the breach of contract or refrain from causing further damage.
Alternatively, the Court could make an order of specific performance whereby the party in breach must fulfil a particular term of the contract which they previously failed to do.
Whatever the circumstances are of the breach of contract, we ensure full compliance with corporate laws and regulations, so that you can be sure that the process is addressed on a firm financial and legal basis.
We will work with you to ensure all financial and legal aspects of any proposed agreement is properly managed. We are able to assist with any aspect of this and will guide you through the technicalities in a clear and concise way. We have a team of experienced solicitors well versed in the process who are ready to assist you.
Get in Touch
Find out more about our services and how our corporate solicitors can assist you and your business by getting in touch. We have offices in Cheshire and London and are able to serve clients across the North West, including Chester and Manchester, as well as throughout the UK and also overseas.