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All You Need to Know About a Breach of Contract

What is a breach of contract?

Contracts are written documents that carry legal weight for certain agreements made between two or more parties. A breach of contract implies a violation of what was agreed upon in the contract by one or more parties. This violation can be of all kinds of shapes, sizes, and even failure to meet agreed upon industry standards. A breach of contract can be claimed in written contracts and in some cases oral contracts as well.

Contract breach situations can be resolved directly between the parties concerned or in a court of law - in either case consulting with a breach of contract attorney is recommended.

A common question that emerges in the field of law is if a breach of contract is a tort. They are often confused with each other. However, the fundamental difference between the two is that a breach of contract happens by a violation of the terms agreed upon by both/more parties and tort applies to violation of a common law. For example, two parties agree upon an advance payment in their contract and a violation of that would indicate a contract breach. Whereas, one party invading the other’s privacy would indicate a violation of common law that is followed all over the nation and that would come under tort.

Types of Contract Breaches

1. An anticipatory breach of contract
This breach is claimed when one party fails to fulfill their part of the deal, and so the other party files the claim in anticipation that the rest of the agreed upon details will remain incomplete.

2. An actual breach of contract
The party that claims this kind of a contract breach is filing it against the party that fails to fulfill the contract fully.

3. A minor breach of contract
The party that claims a minor contract breach is generally when they don’t receive the deliverables or service or they don’t receive them by the agreed upon date.

4. A material breach of contract
This kind of a contract breach indicates that the party claiming the breach received something other than the promised deliverable.

When and how do I file a breach of contract claim?

A breach of contract issue is generally filed when there has been one of the four contract breaches listed above. You or your organization can file any of these contract breaches after consulting a breach of contract attorney who can offer you customized advice based on your case. Custom consultations ensures that your breach of contract attorney has the chance to go through the finer details and determine whether your breach is valid or not and how to proceed in a way that it doesn’t cost your organization too much time, effort or money.

Napier and Rollin specializes in giving consultations that are aimed at providing the best possible solutions for all kinds of contract breaches.

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