Breach of contract is one of the most common types of legal action handled under business law litigation.
And while the violation of a contract may seem fairly straightforward, there are some complexities involved that can make this type of claim difficult to prove.
In fact, most people don’t realize that there are two types of breach of contract: material and minor.
Material breach of contract refers to a contract in which a party receives something much different than what was stipulated in the contract. If you contracted to buy books and received CDs, that would constitute a material breach.
A minor breach refers to a contract in which a party receives the product or service stipulated in the contract, but some aspect of the contract is not honored. For example, if you contracted to buy books, received them, but not within the time specified in the contract, that would constitute a minor breach.
Factors That Determine Whether a Contract Was Breached Under Business Law
To prove breach of contract, you will have to show several things, including:
That a Contract Existed – you have to show that a valid contract existed between you and the other party. This can be a written contract (easier to show), or a verbal contract (much more difficult to show).
That You Did Your Part – you must also show that you did what was stipulated in the contract. If you ordered books, for example, you have to show (through a cancelled check or bank statement) that you paid for those books.
That the Other Party Failed To Do Their Part – this is the ‘breach’ part of the claim, in which you must show that the other party did not hold up their side of the contract, i.e., the book publisher never sent the book.
That There Were Damages – you must show the damages resulting from the breach. If you didn’t receive the books you ordered, the damages will include the amount you paid for those books.
Proving a contract was breached can be difficult, especially if the contract was not written or was implied. That’s why it’s vital for you to hire a personal injury law firm that understands all the challenges presented by a breach of contract claim, and how to overcome those challenges in a court of law. The team at the Law Offices of Peter M. Feaman, P.A. have the necessary expertise and the resources to mount a strong case on your behalf. Please call us today at 561-734-5552 for a free legal consultation.