Breach of Contract
We can help with legal claims for breach, termination, consequences and remedies for individuals in various breach of contract cases. Lincoln & Rowe assist with individuals or companies that do not receive the benefit of a contract by reason of the other party, in which they have the legal right to recover compensation for their loss in damages.
Have you been affected by Covid-19? Understand more about The contractual implications of Coronavirus: Can it be a force majeure?
A contract forms a legally binding agreement between two or more parties that can be made either in writing or verbally. A legally binding contract is made up of the following;
- Offer; an offer by one party to the other
- Acceptance; of the terms offered without amendment as that would be considered a counter-offer
- Consideration; a promise exchanged for something in return
- Intention; both parties must intend to form the legally binding agreement
- Certainty of terms; the agreement must be complete without vagueness or ambiguity
What is a breach of contract?
A breach of contract is where one party fails to meet the requirements under the agreed contract. There are many types of breach including; anticipatory, actual breach, minor breach and material breach, which provides the victim with different remedies.
- Anticipatory breach of contract
The defendant may not have breached the contract but intends to by indicating that they will not fulfil the requirements agreed upon in the legally binding contract. - Actual breach of contract
A breach has already occurred, meaning the defendant has failed to perform duties set out in the contract. - Minor breach of contract
This is where one party fails to meet some part of their obligation, but the party suffered must prove loss. - Material breach of contract
This is where one party fails to perform a key part in the contract.
When contractual terms have been broken, you may be entitled to a remedy against the breaching party. This can come in the form of a damages/compensation claim, seeking a court order for the obligations set out in the contract to be carried out (specific performance) and seeking a court declaration regarding terms.
Read more about remedies for breach of contract.
What are the damages against a breach of contract?
- Liquidated Damages
Liquidated damages are damages that have been specifically set out in the contract. For example, if you set out in the contract that if your building work isn’t completed by a certain date, the party in breach will have to pay an agreed amount every day until it’s completed. Liquidated damages have to be carefully drafted to ensure they are not excessive and considered a penalty making them unenforceable in law.
- Compensatory Damages
Compensatory Damages are designed to allow the claimant to claim damages for breach of contract, and therefore be put back in the position they would be in if the breach of contract did not take place. For example, if you offer services for £100,000 and fail to carry out what was agreed, the claiming party may be entitled to £100,000 in damages.
- Punitive Damages
Punitive Damages are reserved for cases where the offending party demonstrated outrageous conduct or has acted in a way deemed immoral. They are also intended to reform the defendant and deter them from displaying the same actions regarding contracts again.
Lincoln & Rowe will help you collate your evidence to pursue a breach of contract claim. This includes assessing evidence of the contract, evidence that the defendant broke the terms, and evidence of losses suffered.
Our team of specialist contract lawyers can assist with:
- Sale and supply of goods and services
- Shareholder disputes
- Partnership disputes
- Personal guarantees
- Agency and franchise agreements
- Business law
- Employment
- Exclusion and limitation clauses
- Misrepresentation
- Professional negligence
- Property
- Intellectual property
- Indemnity
- Consultancy agreements
Read more about what to do when a contract is breached and the 5 questions you need to ask. If you are a director or partner of a director and have signed a personal guarantee, you may be interested in reading: Facing Corporate Insolvency: What do I need to know about personal guarantees?
Speak to a specialist contract lawyer today
If you need the assistance or advice on any of the matters listed above, contact one of our team now for practical and informed legal advice.
Make an online enquiry, send an email to enquiries@lincolnandrowe.com or call us on +44 (0)20 3968 6030.
Who we can help
Our specialist solicitors at Lincoln & Rowe have extensive knowledge in breach of contracts, drafting interpretation and issues that arise from them. We work with and for businesses of all types and sizes understanding their needs and protecting them at all times.
Where you can find us
Lincoln & Rowe Solicitors are based in the heart of London and just a few minutes’ walk from the Royal Courts of Justice. Our full address is 81 Chancery Lane, London WC2A 1DD.
