Did a Breach of Contract Occur? – What Can You Do?

breach of contractThe process of negotiating a contract with someone always entails the same general aspect no matter how substantial or unsubstantial the obligations are. A contract is presented when an offer is made to one party and accepted by the other. Failure to meet the specified obligation or quality standards presented in the contract is considered a breach. A breach of contract is considered a legal matter that can be disputed and settled in court.

The Types of Breachable Contracts

The only type of contract that isn’t eligible for legal reinforcement is a void or voidable contract. Other forms of contracts such as bilateral, adhesion, unconscionable, implied, expressed, and aleatory contracts are all deemed disputable in a court of law. These contracts are considered valid when both written and orally presented. The only time an oral contract is not accepted is when Statute of Frauds are enacted surrounding that specific contract type. Statute of Frauds requires some states to adhere to written contracts when it comes to certain situations such as property negotiations. If one or more parties not performing their obligations breach any of these contract forms, then they are eligible to be sued for compensation.

Relieving Factors

Here is where it gets tricky. The breach of a contract is not always cut and dry. There are many relieving factors that a judge will take into account when determining the outcome of your case. If there was a preexisting condition that could impact upholding an obligation, one party may be relieved of their burden. This can also happen if someone did not abide to his or her part of the contract if a service was not performed in a reputable manner. Speaking to our professionals here at Hansen Law Firm, P.C. will help you in determining if you or the other party have the right to potentially be relieved from your obligation.

Breaches of contracts are typically considered either material or immaterial. If you feel as though your situation is a material breach, then it is best to seek out the legal advice of a hired attorney.

Contacting a business litigation attorney in Santa Clara can give you access to contract laws specific to your region. At Hansen Law Firm, P.C., we have the experience and dependability that you need to help you file your breach of contract suit in a court of law.



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