Breach of Contract: How an Attorney can Help
As any Chicago business attorney can attest, breach of contract is serious business. Contracts are put together for a purpose. The idea is that contracts bind people, in writing, to what they agree upon when shaking hands in business. This means that both individuals and businesses involved in the contract have legal obligations to fulfill the contents of what’s being asked for.
Written commitments save both parties by holding them accountable in the court of law to uphold the legal promises made. If one party does not hold up to the agreement, that puts them in breach of contract. Grzymala Law Offices see this type of case regularly.
What is a breach of contract?
Simply put, it’s a break from the terms agreed upon that were put in black and white and signed by all parties. Chicago business lawyers explain the four types of legal breach:
- Minor
- Material
- Actual
- Anticipatory
Minor, or partial, breach happens when a party did receive what was stipulated in the arrangement but not to the specifications that were outlined in it. In order to prove it was in fact a breach, there typically needs to show a financial loss as a result of not fulfilling in a way that was agreed upon.
A material breach has to do with the item or service from the contract. If the receiver gets a subpar version of what they asked for or a different version altogether, that does not properly make good on the contract.
If it’s already happened and the party at fault still refuses to complete the contract, this is an actual breach.
It’s all in the name. Anticipatory means that the party has given enough reason for the other party to believe they will not be doing what they signed up for. This isn’t necessarily out of malice, there may be a reason that they can’t complete the actions agreed upon. However, they are still liable based on what was in writing.
What can a Chicago business lawyer do about a contract breach?
First of all, kudos for getting the expectations of the item or service in writing. It’s much easier to take legal recourse when everything has been hashed out and written down for all parties to add their John Hancock. Chicago business law offers a few options to move forward and make it right:
- Compensatory damages
- Liquidated damages
- Nominal damages
- Specific performance
- Injunction
- Rescission
Figuring out which remedy your particular case qualifies for would go a lot smoother with a Chicago business lawyer. There’s a lot involved in each type of direction to pursue. Knowing how to get around the technicalities and get results is best left to the professionals. You have a life to run, and, without proper knowledge, the situation could result in you losing out again because of something you didn’t even know about.
Hiring Chicago business lawyers will get you an experienced attorney that will thoroughly review the contract with a fine-tooth comb. They will also speak with you in-depth about the situation and every step of the way that led to the breach. Getting a full picture of both sides will ensure the lawyer is able to represent you to the best of their ability. Having the whole story makes putting together an argument a lot easier and more educational for the court.
At that point, the lawyer will explain to the judge why the contract should be upheld and enforced. When you have the right person taking your claims, the case will be straightforward. When someone is in clear breach, it would be hard to convince a judge otherwise. The goal is to have the matter resolved in a way that is fair, based on what was discussed.