Minor Attorney Court

A contract is enforceable if a court is willing to obligate both parties to carry out the terms of the agreement. Courts deem contracts enforceable if the terms are willingly agreed to by the parties and something of value is exchanged between the parties.

When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach. If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit.

You must show that the party you plan to sue failed to meet his or her contractual obligations ("breach of contract" in legalese). This is usually the heart of the case -- you'll need to prove that the contractor failed to do agreed-on work or did work of unacceptably poor quality.

To enforce your business contract, you should start by contacting the other party to see if she intends to perform -- to fulfill her part of the agreement. If the other party has not substantially performed on the contract after being provided notice, you may institute legal action for breach of contract.

What are the Penalties for Breach of Contract? In general, there are two types of remedies that a party can receive for breach of contract: legal remedies or equitable remedies. Legal remedies refer to monetary award damages, such as compensatory, nominal, and liquidated damages.

A consulting contract should have a termination provision. This will give the method for terminating the contract before the completion of services.For example, the contract may state that either party can terminate the contract with or without cause if they give 30-days' notice.

2006) (The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff's performance or tendered performance; (3) the defendant's breach of the contract; and (4) damages as a result of the breach.)

Section 73 of the Act provides for compensation in terms of damages arising due to a breach of contract. As per this section compensation would be awarded only for the loss in regular course of business or such loss which the parties knew would likely occur because of such breach.

When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach. If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit.