When two or more parties are mutually bound by the terms of a contract/agreement and one of the parties fails in its performance of the terms of that agreement, including by failing to perform their contractual promise(s), provides information informing the other party that they intend to not perform their duty, or is unable to perform their duty, as stated by the terms of the agreement, that party is in breach of contract.
Many Breach of Contract disputes can be settled without litigation by negotiation, mediation, or arbitration (referred to as Contract Dispute Resolution). Those cases that do not settle are left to contract litigation where a law suit is filed in civil court.
It is important that you contact us the moment that a breach has occurred as there may be certain duties that you must adhere to before the other party can be held for Breach of Contract.
Important: There may be certain methods and timing requirements pertaining to the notification by you to the breaching party that a breach has occurred. There may also be a contractual cure-period whereby the breaching party has a set contractual amount of time to cure the breach from the time that they are notified.
More information about Breach of Contract:
Not all breaches of contract are curable so it is vital that we be notified as soon as possible so that we can take the necessary steps to secure your rights.
There are 4 common types of Breach of Contract.
Damages for Breach of Contract: Damages in most cases are monetary and are to place the non-breaching party at the place (when they are the receiver of the goods or service) where they would have been had the contract not been created, or be placed (when they are the provider of the goods or service) at the point where they would be had the contract been fully completed. When a monetary value cannot be ascertained or are not sufficient to compensate the non-breaching party there may then be an equity decree entered by the court with an award of an injunction or specific performance.
Note: It is vital for the non-breaching party to attempt to mitigate the breach when and where possible. This is among the many reasons that you should notify us as soon as possible when you become aware that a breach either has occurred or is even likely to occur.
Click to contact us today if you are a victim of Breach of Contract: or call 310-788-9089
Common Types of Breach of Contract:
Simkin & Associates
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