Dallas Breach of Contract Attorney
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People use contracts early to avoid confusion, disagreements, and disappointments later. In business, this is particularly important, as thousands of dollars could be at stake if someone violates the terms set down in the contract. What are your options, then, if you enter into a business agreement with someone who breaches the contract?
What Exactly Constitutes a Breach of Contract?
A person who signs a business contract with a company is obligated to meet the terms of the contract. Any party’s failure to fulfill any of its contractual obligations is considered a breach. A breach could happen if a party fails to perform on time, does not perform according to the terms of the agreement, or fails to fulfill any of its contractual obligations at all. For example, if a bakery has a contract with a flour company that guarantees the delivery of 12 25-pound bags of flour a day at 4 a.m., the flour company would breach the contract if they delivered the bags at 4:10 a.m. In some cases, the bakery might not care. Ten minutes won’t do too much to affect their baking timeline negatively. However, if the flour company is more than 2 hours late in its delivery, it could set the bakery back the whole day, reducing the bakery’s profits.
What Are My Rights?
If your contract was breached, you have the rights to relief (or remedy) under the law. This includes:
- Specific performance
- Cancellation and restitution
The most common solution is the payment of compensation, as most breaches of contract affect businesses financially. The four types of damages you could claim are compensatory, punitive, nominal, and liquidated. Compensatory damages will put the non-breaching party in the position it would have been in if the breach had not occurred. Punitive damages make the breaching party pay above and beyond the potential loss in order to punish it as the wrongful party. Nominal damages are token amounts that are awarded when a breach occurred but no actual money loss can be proven. Lastly, liquidated damages are specific compensation amounts that were previously identified by the parties in the contract in the event that one of the parties violated the terms of the agreement. For example, if the contract between the flour company and bakery specified that $1,750 would be paid by the flour company for a breach of contract, the liquidated damages would be $1750.
Specific performance is a legal remedy if damages prove to be inadequate. The breaching party must perform a duty as ordered by the court. This step is usually taken if the subject matter of the contract is rare or unique, and if damages caused more than financial damage to the non-breaching party.
Cancellation and restitution is the final option. The non-breaching party could cancel the contract and sue the other party for compensation if the non-breaching party has given a benefit to the breaching party. Restitution puts the non-breaching party back in the position it would have been in prior to the breach, while cancellation voids the contract and relieves all parties of any obligation under the agreement.
Let Us Get Your Results
Negotiating damages or restitution can be complicated. Trust our Dallas business litigation attorney with your situation. Our founding attorney, J. Stephen Hunnicutt, has more than 25 years of experience obtaining successful results for his clients. He will advocate on your behalf to get you the compensation you deserve.
Contact us at (214) 361-6740 or fill out our online form to schedule a case consultation. Tell us about your situation today!