When two parties enter into a legal agreement, they have an obligation to perform their part of the deal. A breach of contract can occur when one side fails to complete their duties. There are multiple ways to resolve the dispute, depending on the significance of the violation.
How courts decide if a breach occurred
Before a court takes your case, it will determine the legitimacy of your contract. Your agreement must be mutually beneficial and signed by mentally-capable parties. The pact must be legally valid and enforceable under the law. Each person must also enter into the agreement under their own will.
The court may also require you to prove how the defendant violated the pact. Additionally, you might have to show you met all of your obligations and that you notified the defendant before getting the legal system involved.
The three forms of contract breaches
After the court has evaluated the validity of your indenture, it will examine what kind of infringement occurred. The three different contract violations are:
- Material: When one party severely underperforms on their duties, the other party is no longer obligated to hold up their end of the deal. The court may award compensation for any injury caused by the defendant.
- Partial: When a partial violation occurs, you may still have to fulfill your legal duties. Partial breaches are less serious and often do not require legal involvement.
- Anticipatory: If you believe the other party will not meet their obligations, you can still get the legal system involved. However, you may want to have concrete evidence to support your claim.
If the defendant violated the agreement in a material way, you could be entitled to compensation for any damages that occurred.
Reach out to an attorney if you entered into an agreement that the other party infringed upon. You do not have to navigate the legal process on your own. An attorney can advise you on how to handle your specific case.