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Contracts are vital to you as a consumer and to small business organizations. Without them, your agreements would not be able to function. Agreements can be oral or written, however, oral agreements pose little certainty and many risk. Written agreements can still lead to disputes with other parties when there is a difference in opinion about legal obligations or terms of the agreement. Depending on the contract, there could be a significant amount of money at issue in a contractual dispute. A breach of contract case can impose many difficulties in your personal life or for your business. Spears Law Practice PLLC is a relentless advocate for people or small businesses that have been unfairly or wrongfully treated.
To understand a breach of contract, you have to understand a contract’s parameters. A contract is a legally-binding agreement made between two parties, obligating one or both parties to specific duties. Contracts can be verbal or written. When they are verbal, they are difficult to define. If both parties understand that the contract was binding and a party does not uphold their side of the contract, a breach has taken place. A breach of contract is a legal cause for action taken against a party; if convicted, they will be said to have committed a civil wrong.
A minor breach is a type of breaking of promise that does not include failure to perform all the duties of the contract. The contract at its very foundation was not broken in whole, but rather in part. This is in direct contrast to a material breach.
This type of breach is so substantial that it nullified the contract in whole. For example, they may not perform their obligation in time, or they may not pay in accordance with the terms of the contract.
Also called a repudiatory breach, this can warrant termination of contract or suing for damages.
This takes place when the promising party refuses to uphold their side of the contract by the declaration of intent. This happens before the promising party refrains from upholding the contract and instead states that they do not intend to do so.
If the parties disagree over a specific term or clause in the contract, they may require the court to engage in contractual interpretation.
When individuals are the victim of a breach of contract, they normally don’t call it that. They normally call it by what it feels like: a “broken promise,” or “betrayal.” A venue double-books your reservation. A travel agency promises you a certain package, but gives you a lesser one. An employer or business partner robs you of a benefit that you had been promised. You’re contractually entitled to payment by a certain date, but the business keeps dodging you. These are all betrayals—and are common examples of breaches of contract.
These are the most common remedy in a contract case, as the court tries to put you in the same position you would have been in if the agreement were fully performed.
In some cases, you could ask the court to completely set aside the agreement as if it were never signed. For example, if the terms of the contract are grossly unfair, you may ask the court to rescind it completely.
In rare cases, the court could grant one party equitable relief that would order them to perform in accordance with the terms of the contract. Usually, courts would opt for the remedy of money; however, if one party can make a showing that equitable factors demand it, the court may order specific performance. An example of a dispute for which specific performance could be the most appropriate remedy is when one party tries to walk away from a merger agreement
It is essential that you hire an attorney as soon as you suspect there may be a potential dispute. How you act in the face of a contract dispute could help determine your overall chances of success in the case. For example, if the other party can argue that you have a course of dealing that reflects poorly on you, it could be used against you in a lawsuit. Your breach of contract lawyer could immediately give you advice that could potentially
strengthen your legal position.
The Houston attorneys at Spears Law Practice PLLC can counsel you, whether you are the plaintiff or defendant. We understand that parties do not enter an agreement with hopes that it will end in a dispute.
We have helped numerous individuals and businesses in contract disputes at various stages of the process. If your case goes to trial, we are persuasive litigators who have extensive courtroom experience. To speak with an experienced Houston breach of contract lawyer, contact us today to schedule a consultation. When unexpected disputes arise, they must be resolved efficiently and expeditiously to minimize the negative impact. At Spears Law Practice PLLC we understand the need for efficient and exceptional legal representation.
When you hit the market, you want to know that you are protected as a consumer. There are various laws in place in Texas to not only protect your identity but to protect you from deceptive and illegal practices that might affect you. If you believe that you have been deceived by a seller or business, you can file a suit against them. However, before doing so, you must first submit a letter to the seller informing them of the illegal practice and ask for the amount of the damages.
If the seller neglects to respond within 30 days, then the buyer can file a suit. If a court of law finds that the seller knowingly or intentionally committed a misconduct against the seller, then the court may award the buyer not more than three times the amount of economic damages. Before you send the initial letter, it is strongly advised that you consult with a consumer law lawyer. We can help you draft the letter and help you send it to the seller.
If they don’t respond, we can help you get started on filing a suit against the seller in court. Our consumer protection lawyers will represent you in court and fight for you so you can get compensated for the damages from their deceptive acts.
At Spears Law Practice PLLC, we provide an individual approach to each client and case, as no individual or matter is precisely the same.
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