What is a breach of contract?

A breach of contract occurs when one party to a contract fails to fulfil its contractual obligations, either by not performing as promised, not performing on time, or otherwise violating the terms and conditions specified in the contract. Contracts are legally binding agreements between two or more parties, and when one party fails to meet its obligations, it constitutes a breach of the contract. In such circumstances, one or both parties may need expert assistance from a breach of contract lawyer.

There are different types of breaches, including:

• Material Breach: This is a significant and severe violation of the terms of the contract that goes to the core of the agreement. A material breach can excuse the other party from further performance and may entitle them to sue for damages.
• Minor Breach (Partial Breach): This occurs when the breach is not severe and does not go to the essence of the contract. The non-breaching party is still required to fulfil its obligations but may be entitled to sue for damages resulting from the breach.
• Anticipatory Breach: This occurs when one party indicates, either through words or actions, that they do not intend to fulfil their contractual obligations in the future. The non-breaching party may choose to treat this as an immediate breach and seek legal remedies.
• Fundamental Breach: A fundamental breach is considered a breach that is so significant that it allows the non-breaching party to terminate the contract and seek damages.
• Termination: When one party terminates a contract before the performance is due.

It is important to note that certain criteria must be met in order to make a claim for a breach of contract. The claimant must prove that the contract exists and that an express or implied term of the contract has been breached. Claimants must also go on to prove that the alleged breach has caused them financial loss.

ARC Costs maintains an extensive legal network of expert commercial litigation solicitors with a track record of success on these types of cases, and we would be happy to pass on your details to assist in your case.

If a contract has been breached and you are in search of expert legal advice and representation, whether you are bringing or defending a claim, then please get in touch with us today to find out more about our network of specialist breach of contract solicitors.

How are breach of contract disputes resolved?

Breach of contract disputes can be resolved through various means, depending on the nature of the breach, the parties involved, and the terms outlined in the contract. Here are some common methods of resolving breach of contract disputes:

• Negotiation: The parties involved can engage in direct discussions to try to resolve the dispute amicably. This may include clarifying misunderstandings, addressing concerns, and finding a mutually agreeable solution.
• Mediation: A mediator, who is a neutral third party, can assist in facilitating negotiations between the parties. Mediation is a voluntary process and can be less formal and less costly than litigation.
• Arbitration: In arbitration, a neutral arbitrator or a panel of arbitrators is appointed to hear the dispute. The decision reached in arbitration is usually binding, meaning the parties must adhere to it. Arbitration can be less formal and faster than traditional court proceedings.
• Alternative Dispute Resolution (ADR): A combination of negotiation, mediation, and arbitration may be used to tailor a resolution process that fits the specific needs of the parties involved.
• Contractual Dispute Resolution Clauses: Many contracts include dispute resolution clauses specifying the method to be used in case of a dispute. This may consist of mandatory negotiation, mediation, or arbitration before resorting to litigation.
• Litigation: If other methods fail, the parties may resort to traditional litigation by filing a lawsuit in court. This involves presenting evidence, making legal arguments, and having a judge or jury make a final decision.
• Specific Performance: In some cases, the non-breaching party may seek a court order requiring the breaching party to fulfil their contractual obligations. This is known as specific performance.
• Damages: The non-breaching party may seek to claim damages to compensate for the losses incurred due to the breach. Damages can include direct, consequential, or punitive damages.

The choice of resolution method often depends on the preferences of the parties, the complexity of the dispute, and the time and cost considerations. It’s common for parties to engage in negotiation or alternative dispute resolution methods before resorting to litigation, as these approaches can be more cost-effective and time-efficient. Parties may choose to work with legal professionals, including breach of contract lawyers, to navigate the resolution process and protect their interests in a breach of contract claim.

How can ARC assist?

Whether you have a written contract or a verbal contract, ARC can introduce you to an experienced contract law professional who is equipped to take legal action in your best interests. Our network of specialist commercial breach of contract lawyers is extremely knowledgeable and will provide you with the most appropriate legal advice. Please note, however, that our panel are unfortunately unable to assist with employment law contracts.

In addition to introducing you to a commercial contract solicitor, we can also assist in the recovery and negotiation of legal costs in commercial cases, whether you are the paying or receiving party.

ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist you with your commercial litigation costs issues.

To find out more about how we can provide you with assistance, please get in touch with us at 012014 397302 or email one of our expert team at info@arccosts.co.uk. Alternatively, please use our free chat facility to speak to an expert directly.