Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract. This might be non-performance or interference with the other party's performance. A breach of contract has occurred if one party does not fulfill their contractual promise or has given information to the other party that their duty will not be performed as mentioned in the contract. It can also occur when there is misinterpretation or opposing interpretation of a contract. At Scarritt Law Group, we represent both plaintiffs and defendants in a broad range of contract disputes. This includes both individuals and businesses.

Types of Contract Breaches

Minor
Material
Fundamental
Anticipatory

Minor Breach

A minor breach is a partial or immaterial breach or a breach where there has been substantial performance. The non-breaching party cannot sue for specific performance but can sue for actual damages.

Material Breach

A material breach is any failure to perform that permits the other party to either compel performance or collect damages because of the breach. The Restatement (Second) of Contracts lists the following criteria to determine whether a specific failure constitutes a breach: In determining whether a failure to render or to offer performance is material, the following circumstances are significant: (a) the extent to which the injured party will be deprived of the benefit which he reasonably expected; (b) the extent to which the injured party can be adequately compensated for the part of that benefit of which he will be deprived; (c) the extent to which the party failing to perform or to offer to perform will suffer forfeiture; (d) the likelihood that the party failing to perform or to offer to perform will cure his failure, taking account of all the circumstances including any reasonable assurances; (e) the extent to which the behavior of the party failing to perform or to offer to perform comports with standards of good faith and fair dealing.

Fundamental Breach

A fundamental breach is a breach so fundamental that it permits the aggrieved party to terminate performance of the contract. That party is also entitled to sue for damages.

Anticipatory Breach

An anticipatory breach is an undeniable indication that one party will not perform when performance is due, or a situation in which future non-performance is inevitable. An anticipatory breach gives the non-breaching party the option to treat the breach as immediate and terminate the contract. The party can also sue for damages without waiting for the breach to actually take place.
Contact Us
If you are a victim of a breach of contract or if you have been accused of breaching a contract, contact us today to schedule a time to talk about your legal concerns.

Scarritt Law Group has experience handling complex contract disputes and is available to represent in lawsuits involving:

  • Employment agreements
  • Lease agreements
  • Contracts between homeowners and construction contractors
  • Auto leases and sales contracts
  • Real estate contracts
  • Vendor contracts
  • Entertainment contracts
  • Loan agreements
  • Business contracts

 

Scarritt Law Group Wins $4.2 Million in Breach of Contract/Fraud Case