Actions That Constitute A Breach of Contract

May 23, 2022
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A breach of contract is considered any violation of the agreed-upon terms and conditions of a binding contract. The breach can be actions as minor as a late payment, to something more serious such as the failure to deliver a promised asset. Sometimes the process for dealing with this type of contract is written in the original contract. For example, a contract may state you are late on your rent, you must pay a late fee of $50. There are other types of legal contract breaches as well as legal issues concerning them. Chicago Business lawyers affiliated with Grzymala Law Offices can always assist.

Contract Breach Types

Contract breaches are not just minor things. A minor breach occurs when you don’t receive a service or item by a specified due date. For example, if you bring a suit to be custom fitted and the tailor promises a time for delivery. However, you end up receiving the suit a day later. This is considered a breach of contract, even though it was an oral contract.

A material breach is something that you receive that is different than what was stated in the agreement. For example, a firm contracts with a vendor to have 200 copies of a bound manual for an auto industry conference delivered. However, once the boxes arrive at the site, they contain the wrong brochures.

Additionally, a breach of contract typically falls under one of two categories. One of these is an actual breach and occurs when one party refuses to perform the terms of a contract to its full extent. The other type of contract is considered an anticipatory breach and occurs when a party states beforehand that they will not be abiding by the terms of the contract. This is why it is always wise to consult with a Chicago business lawyer..

Breach of Contract Legal Issues

Legal issues do occur when it comes to breach of contract. A Chicago business attorney can help you determine if another party’s actions indeed breached a contract. However, when you bring your lawsuit to court, you must first prove that a contract existed between you and the other party. You must also prove how the defendant failed to meet the requirements of the contract or breached it.

The easiest way to prove that there is a contract is to obtain a written document that both parties signed. While an oral contract can be considered valid, certain types of agreements would still need to be written to be considered legal. These types of contracts include any sale of goods for more than $500 and the sale or transfer of land. All contracts must contain an offer, acceptance of the offer and consideration exchanged between the parties.

The court will review each party’s responsibilities responsibility of the contract to make a determination regarding their obligations of fulfillment. The court will also read the contract to see if it consists of any changes that may have caused the alleged breach. Additionally, you must let the defendant know prior to filing a lawsuit that they are in breach of contract.

How an Attorney Can Help

Chicago business lawyers can help you if you are experiencing a breach of contract. Once you hire a lawyer, they will be able to take a look at the contract, breach, and particular circumstances that caused the problem. Your Chicago business lawyer will then formulate an argument that is valid for your situation. According to Chicago business law, your attorney will attempt to uphold the contract clauses and enforce actions to help solve the issue. They can do this by taking the matter to court and presenting it before a judge. Remember, when suffering a breach of contract, there are certain types of actions that you can pursue, and this is why it is necessary to hire an attorney.