Working With A Lawyer to Improve Your CaseWorking With A Lawyer to Improve Your Case

About Me

Working With A Lawyer to Improve Your Case

There are a lot of different ways that lawyers can help after a car accident, but one of the most important ways they can help is by offering you peace of mind. Lawyers can help to walk you through different scenarios in court, and can also explain how everything will work regarding how paperwork is filed and what the process is like. Although it can be scary to deal with a serious accident, working with the right attorney takes the stress out of the equation. Check out this blog to find out more about accidents, personal injury, and how to make things better.

Latest Posts

The Benefits of Hiring a Lemon Law Attorney
1 April 2024

If you have recently purchased a new car only to d

Why Engaging a Truck Accident Lawyer Can Make All the Difference
17 January 2024

Being involved in a truck accident can be a devast

When to Hire a Personal Injury Lawyer and Documents You’ll Need
7 December 2023

Accidents can happen anytime, anywhere. It could b

Why You Should Consider Hiring an Auto Accident Lawyer
8 November 2023

No matter how careful you are while driving, accid

Questions To Ask When Hiring Rideshare Accident Lawyers
13 September 2023

Being involved in a rideshare accident can be over

Breach Of Contract — From Minor To Serious — And What To Do Now

Once you and a business vendor sign a contract, you naturally move forward on the belief that said contract will be fulfilled. But what if it's not? How should you proceed when something goes wrong? The answer starts by determining which of the four types of contract breach is happening. This then informs how you should handle it. Here's what you need to know about each.

Minor Breach

A minor breach of contract is confined to one or a few elements that don't negate the entire contract. If you contracted with a vendor to provide 100 widgets for you to resell, for instance, a minor breach might occur of the vendor is late with the shipment or if some of the widgets are faulty. While technically a breach of their duty, these are problems that you can likely overcome or correct.

Pursuing legal action for minor breaches may not be worth the cost unless they turn into more material issues. 

Fundamental Breach

A fundamental breach is something that makes it impossible for the contract as a whole to be fulfilled. In the widget contract, if the party buying the widgets fails to pay the down payment, the other company has received no funds with which to make the widgets. The financial foundation of the contract is broken in a way that it can never be fulfilled. 

Because it's a fundamental issue, you may need to seek financial damages for the expense you've incurred or enforcement of the contract's terms. If you've sunk money into the widgets, you deserve compensation for the other's failure to follow through. 

Material Breach

Certain elements of the contract are the most important ones. They are usually related to the purpose of the contract and the mutual benefit it espouses. If the vendor fails to deliver the contracted order of widgets at all, they have failed their end of the bargain in a 'material' way. The contract's entire benefit hinged upon this performance. As with fundamental breaches, you can seek compensation for your losses. 

Anticipatory Breach

You don't always have to wait for the entire contract term to be over before you take action over a breach. Anticipatory breaches happen when it becomes clear that one party will not fulfill the contract in the future. Say the vendor making the widgets you ordered closes up shop and goes on a holiday with no plans to return in time to make the widgets.

You can start legal action even though the contract terms haven't expired. The goal is to either get preemptive financial compensation to find another vendor or to enforce the contract before it's too late. 

Although every company hopes that its contracts will all work out well, understanding how and when to seek legal remedies helps keep a breach from turning into a disaster. Learn more by speaking with an attorney experienced in business transaction law services today.