Do I Have a Breach of Contract Case?
April 28, 2023

If you have been harmed due to a breach of contract, you may be wondering about your legal rights and whether it makes sense to proceed with legal action. Breaches of contract can be minor, and some can be resolved without the need to hire an attorney. However, many breaches involve large sums of money and complex issues that require legal counsel to resolve.

 

What is a Breach of Contract?

 

A breach of contract can occur in various situations where one party fails to perform its obligations under a valid contract. Here are a few examples of common scenarios where a breach of contract claim may arise:

 

  • Employment Contracts — An employer fails to provide agreed-upon compensation or benefits to its employee, or an employee fails to deliver promised services.

 

  • Real Estate Contracts — A party fails to complete a real estate transaction, such as failing to provide promised funds or failing to release a lien.

 

  • Construction Contracts —  A contractor fails to complete the project as outlined in their agreement, deviates from building specifications, or fails to deliver the project within the agreed-upon deadline.

 

  • Sales Contracts — A seller fails to deliver goods or services as specified in a contract, or a buyer fails to provide payment according to the agreed payment terms.

 

  • Service Contracts — A party fails to provide services according to the terms of the contract, breaches confidentiality or non-disclosure agreements, or fails to meet deadlines.

 

  • Lease Contracts — A tenant fails to pay rent or breaches other terms of the lease agreement, or a landlord fails to repair or maintain the premises as outlined in the lease.

 

What Legal Recourse Do I Have if I Am Harmed Due to a Breach of Contract?

 

If someone breaches a contract that you are a party to, you may have several courses of action, depending on the nature and severity of the breach. Some of the most common legal remedies that may be available to you include:

 

Damages

You may be able to seek monetary damages to compensate you for any financial losses you suffered as a result of the breach. This could include any direct financial losses or consequential damages that you incurred due to the breach.

 

Specific Performance

In some cases, a court may order the breaching party to perform specific obligations outlined in the contract. Specific performance can be an appropriate remedy in situations where damages would not be sufficient to correct the harm caused by the breach.

 

Rescission

If the breach was so severe that it makes the contract unenforceable, you may be able to seek rescission of the contract. Rescission would annul the contract, requiring both parties to return to their original state before the contract was signed.

 

Reformation

If the terms of the contract were ambiguous or poorly written and resulted in a breach, you may be able to request that the court reform the contract's terms to more accurately reflect the parties' intentions.

 

Mitigation of Damages

It's important to undertake reasonable actions to reduce the amount of damage incurred as a result of the breach. For example, if a breach of contract involves the delivery of goods that are not up to the agreed quality standards, the damaged party should take steps to limit additional damages by not accepting the goods or returning them.

 

Contact Deppman Law PLC Today

 

The recourse that you have when a contract is breached depends on the severity of the breach, the language in the contract, and the laws governing the contract. It's always best to speak with an experienced VT breach of contract attorney who can help you understand your options and the best course of action to take in your particular case. Contact Deppman Law PLC today for a confidential consultation about your case.


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