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Breach of Contract
Does a breach of contract have you worried? Whether you want to breach a contract instead of fulfilling your obligations, or if someone you have contracted with isn’t living up to their responsibilities, it is time to contact a contract attorney considering the breach of contract. A contract breach can be costly for the party that doesn’t fulfill their contractual duties and a breach of contract can be a burden to the other party. A contract lawyer can help you to avoid vast expenses if you are considering a breach of contract, and they also can provide you with sound knowledge if you are dealing with a breach in contract from the other party.
What is a breach of contract?
A breach in contract occurs when one party to a contract refuses to comply with the terms of the contract or refuses to perform the duties that the contract calls for. If one party interferes with the other party, disabling them to perform their contracted duties, that can also be considered a breach of contract.
Is it really necessary to consult with a contract attorney?
That is a common question of people who desire to breach a contract. There is always a slight possibility that the other party won’t legally pursue the person or company in regard to a breach of contract, but really, the chance is slim. You are better off if you meet with contract lawyer ahead of time, before you end up in court for a breach of contract.
There are certain conditions that warrant a contract breach without it being considered a breach of contract. It really depends on what kind of contract it is, how well it was written and the performance or actions of the other party. A lot of people think that they can get away with a breach in contract based on their own perception or the advice of friends or family, only to find out that they made a huge mistake when they decided not to honor their duties without the advice of a contract attorney.
If a breach in contract occurs does that mean that you have to go court?
If you decide to breach a contract, whether or not you go to court depends on the other party. Occasionally, the other party won’t pursue a breach of contract; however, the option to take you to court is totally up to them. If you consult with a lawyer before you breach a contract, you will be well informed what you will be facing in court if the other party chooses to pursue you for the breach of contract.
How can you protect your rights regarding a breach of contract?
If you are the one that facing a contract breach from the other party, there are a few questions you should ask yourself before you decide to hire a contract lawyer.
- Have you tried to solve the problem with the other party in lieu of taking them to court?
- How valuable is the contract to you and what will be your loss in the breach in contract?
- What are the court fees and the fees of a contract attorney and is it worth it to you to assume those costs to pursue the other party for a breach of contract?
- Have you totally honored your responsibilities in the contract, or it is likely that you too could be found guilty of contract breach?
- Are there any opt-out clauses that justify the other party to terminate the contract without it being considered a breach of contract?
- Is the contract written or verbal?
If you answer each of questions and things still sound good for you, by all means, get a contract lawyer to take care of the breach in contract for you.
Usually, a contract attorney offers a free consultation in which you can get some of these questions answered. They like to discuss the case before they take it on and most of them will voice their opinion if they don’t think it would be a worthy cause to take the breach of contract to court.
If the other party to the contract has decided to breach a contract, what are the options?
There are several options if the party that you are in contract with fails to perform their duties or fails to adhere to the terms of the contract. For instance, if you are a landlord and your lease agreement specifically says “no pets” and the lessee has the house filled with dogs, you can ignore it and deduct the pet-related damages from their deposit when they move out. You can tell them in writing to get rid of the dogs and give them a timeline, or you can consider it a breach of contract and evict them even if the lease has not run out. In such a case, you will be justified in breaking the contract before the lease is up because of their contract breach.
What if a contract lawyer denies taking the case?
From time to time this happens. It may be because you don’t have a good case against the person that committed a contract breach, or there may be other causes. For instance, the attorney may have a conflict of interest that prevents them from taking the case. Find out specifically why they refuse the breach of contract case. If the contract attorney takes cases on contingency, they most likely won’t take the case if they don’t think they could win. If you think that the case is worthy of taking to court, you can probably find a contract lawyer that will take the case on a retainer. Usually, contingency fee contracts aren’t offered by lawyers in the field of contract law. They are more widely used in injury and wrongful death cases.
Doesn’t the person responsible for a contract breach pay the attorney fees?
Usually, if you win the case, the person who decided to breach a contract will be ordered to pay the attorney and court fees if your contract attorney pursues it and the terms of the contract don’t contradict it. However, you must be willing to pay the fees in case you do lose in the breach of contract case.
What are the steps to protecting yourself against a breach of contract?
If you are considering contracting with someone, it is best to consult with a contract lawyer and have them prepare the contract. Verbal contracts are hard to enforce and “do-it-yourself” contracts, even when in writing, often do provide the protection against all of the “what ifs” that exist. A contract attorney is well trained in the legal concepts that offer the best protection for their clients. A lot of people sign contracts without thinking about the event of breach of contract or considering that they, some day, will want to breach a contract themselves. It is better to have all issues addressed in the formulation of the contract.