A breach of contract occurs anytime that one party does not fulfill its obligations under the provisions of that contract. A breach of contract may be partial (involving only some of the provisions) or whole (involving all of the provisions). If a party has been materially affected by the other party’s breach of contract, then it’s often necessary to consult an attorney to explore legal remedies. If mediation or arbitration isn’t possible, then the attorney may bring a breach of contract lawsuit.
Elements of Breach of Contract Lawsuits
In order for a breach of contract lawsuit to proceed in court, it must fulfill four essential elements. First, the contract must be valid. It’s not legally possible to breach a contract that isn’t valid. The plaintiff must have provided a notice to the defendant that the breach occurred, and this notification must be provided before the lawsuit is filed. Additionally, the plaintiff must have fulfilled his or her own obligations under the contract. Next, the plaintiff’s counsel must present evidence that the defendant did indeed breach the contract’s terms.
Remedies for a Breach of Contract
If the court finds in favor of the plaintiff, determining that the other party did breach the contract, then legal remedies or damages will be determined. In some cases, the contract may be terminated and the plaintiff given restitution. Restitution is intended to restore the plaintiff to the pre-breach position. In other cases, the plaintiff may recover compensatory damages. If monetary damages are not sufficient to restore the plaintiff’s position, then the court may sometimes order “specific performance.” In other words, the defendant is ordered to fulfill the obligations required by the contract. If the court finds that the breach of contract was intentional and egregious, then punitive damages may also be awarded.
The skillful attorneys at Mesch Clark Rothschild have extensive experience handling all types of corporate law issues, including breach of contract lawsuits. We are also seasoned mediators and arbiters. Call our law office in Tucson at (520) 624-8886.
