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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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