How a Commercial Litigation Lawyer Helps Defend Against a Breach of Contract Case
If you have been accused of a breach of contract, a commercial litigation lawyer should be consulted as soon as possible. Breach of contract can have serious legal consequences and you and your business could end up facing significant financial loss. You need to vigorously defend against the allegations you face and seek to get the best outcome possible to resolve the dispute.
Curley & Rothman, LLC has extensive experience providing legal representation to clients who have been accused of breaching a contract. We also provide representation to parties in contract disputes who believe they have been the victim of a breach. When you need a commercial litigation lawyer who knows contract law inside-and-out and who can make compelling legal arguments on your behalf, we are here to help.
How to Defend Against A Breach of Contract Claim
According to the Judicial Education Center: "A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract."
If you are accused of breaching a contract, you could be sued in civil court. The plaintiff who files the lawsuit could seek actual damages, which are equal to the total losses resulting from the breach. The plaintiff could also seek liquidated damages if there is a liquidated damages clause in the contract, or could seek specific performance so the court compels you to follow through on your obligations under the agreement.
Any of the potential remedies which the court could provide to the plaintiff if a breach is successfully proved could have an adverse impact on you and your business. You need to ensure you are doing everything possible to defend against the accusations that you breached the contract. Some of the different ways that a commercial litigation lawyer could help you to defend yourself include:
- Arguing that the contract was performed. If you can demonstrate that you actually fulfilled the terms of the agreement, you obviously were not in breach and thus the plaintiff should not prevail in the litigation. Sometimes, there is a dispute over the terms of the contract which can raise questions about whether you performed or not. You can argue for your preferred interpretation of the clauses and provisions contained within the contract.
- Arguing that the breach was not material. If the plaintiff has claimed a material breach, the plaintiff is claiming that you failed to live up to the essence of the contract and that your failures undermined the heart of the contractural agreement. You can argue, however, that any breach that did occur was a non-material one. While this won't necessarily eliminate your obligation to pay some damages or to correct the breach, the consequences of a ruling against you will be much more limited for a non-material versus a material breach.
- Arguing that the contract was invalid. There are lots of reasons why a contract may not be legally valid. For example, if there was no consideration for the contract, it is not a valid contract. Consideration refers to a bargained for exchange of something of value. Somethings must have been given in return for something else for there to be consideration. You could also argue that you lacked capacity to sign the contract, or that the contract was signed under conditions of fraud or duress.
In some cases, it is also possible to argue that you breached the contract because the other party breached it. It may also be possible to make counterclaims against the plaintiff who has pursued legal action against you. Determining your best course of action requires an understanding of contract laws, which an attorney can bring to the table.
Getting Help from a Conshohocken Commercial Litigation Lawyer
When accusations are made against you or your business in a breach of contract claim, or whenever you face the threat of litigation, you need to respond proactively and assertively. You need to try to resolve the dispute as quickly as possible without damage to your company's finances or reputation. You also need to ensure you make informed choices and do everything you can to get the most favorable outcome possible so the litigation does not undermine your company's long-term goals or path to success.
Curley & Rothman, LLC is dedicated to providing representation to individuals and companies of all sizes who are involved in business and commercial disputes. With decades of collective experience and a strong knowledge of Pennsylvania law, our attorneys are ready to get started today on fighting for you.
Give us a call at 610-834-8819 or contact us today to schedule your consultation with a Conshohocken commercial litigation lawyer so you can learn more about how we can provide assistance with any claims against you.