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Breach of Contract

Beach of contract is one of the most common civil causes of action and a part of most commercial litigation cases. A breach of contract occurs when a party fails to perform under the terms of the contract, and can cause the non-breaching party significant damages, including the cost of trying to “cover” or find a substitute to fulfill the contract terms. Depending on the terms of the contract and circumstances of the breach, the non-breaching party may have several options for recovery, including:

  • Enforcing the contract on its terms (specific performance)
  • Canceling the contract and suing for restitution (repayment of money expended)
  • Suing to recover compensatory damages
  • Suing for liquidated damages as specified in the contract

Contracts can be either written or in some cases oral, but not every breach of contract, gives rise to a legal claim. Existence of a valid contract where two or more parties who have agreed to obligate themselves to one another is necessary to prove a breach of contract case we must prove the . One common example is where one party has agreed to provide some service and the other party has agreed to pay for that service. The parties to a contract must be competent for a contract to be enforceable.

In addition to representing clients who are currently dealing with a breach of contract situation, as experts in the commercial litigation field, attorneys are Loftus and Eisenberg can assist:

  • Writing new business contracts
  • Negotiating and modifying business contracts
  • Reducing the threat and likelihood of litigation with business contracts
  • Enforcing the contract on its terms
  • Canceling the contract and suing for restitution
  • Suing for liquidated damages as specified in the contract
  • Suing to recover compensatory damages
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