How Do You Know if There's a Breach of Contract?
A King of Prussia contract disputes lawyer can provide you with assistance in determining if a breach of contract has occurred. There are situations where it can be difficult to determine if a contract was performed according to the agreement terms, and an attorney can advise you on whether you may have a claim for breach. An attorney can also provide you with help in proving a breach and in seeking damages from the breaching party.
Contracts create private law and these agreements must be followed. A contract breach has serious consequences and the damaged party deserves to take advantage of all legal remedies available under Pennsylvania law.
A King of Prussia contract disputes lawyer can provide assistance if you believe you were the victim of a contract party breaching an agreement which you were counting on. Give us a call today to find out more about how Curley & Rothman, LLC helps in these difficult situations.
How Can You Determine If There was a Breach of Contract?
The Judicial Education Center indicates that: “a breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.” To determine whether or not a breach occurred, there are several factors to consider including:
- Whether a legally valid and enforceable contract existed. In some cases, oral contracts are enforceable. In others, they are not. Whether written or oral, a contract must contain some type of exchange of items of value. These items of value could be promises, such as a promise to perform in exchange for payment.
- Whether the contract was against public policy. If the contract is one which cannot be legally enforced because it was an unlawful agreement, then the contract is invalid.
- What the contract required of each party. A contract sets forth different terms and conditions which each party must comply with. It essentially creates private law. Each party to a contract is bound to comply with the contract terms. A duty to read the contract exists, so no one is absolved of their obligations just because they didn't know what was in the contract.
- Whether the other party to the contract failed to perform his or her obligations set forth under the agreement. If the other party did not comply with contract terms, this is a breach. The breach could be a material breach if the failure to perform undermines the entire purpose of the contract and goes to the heart of the agreement. It could be a non-material breach if the failure to perform related to a more minor contract provision.
- Whether there was a justification for the other party's failure to perform. If you did not comply with your obligations first or if complying with the contract became impossible due to an unforeseen event like a natural disaster, you may not be able to take action for a breach. There are lots of possible defenses to a breach to consider.
If you believe a breach of contract occurred, you may be entitled to damages. You can consult with a King of Prussia contract disputes lawyer to help you decide if a breach happened and to assist you in determining if you can take legal action.
What Can You Do if a Breach Occurs
If you determine a breach of contract occurred, you can file a civil lawsuit. If you can successfully prove an unjustified breach, there are different kinds of legal remedies which could be available to you. You could ask the court to order the other party to follow through on the agreement and comply with contract terms. You could also ask the court to require the breaching party to pay you damages. It is up to you to prove how badly you were damaged and to show the extent of your losses so you can be fully compensated after a contract breach.
How a King of Prussia Contract Disputes Lawyer Can Help You
If you are a party to a contractual agreement and you believe that the other party has breached the contract, you need to speak with a King of Prussia contract disputes lawyer right away. Your attorney can help you to determine if a breach occurred and what your options are for dealing with the breach. Call 610-834-8819 or contact us online today to learn more about how Curley & Rothman, LLC can help you with contract breach cases and with all of your contract issues.