Breach of Contract Lawyers Malton, York & Wetherby
Having the right contract is always a good idea, but, no matter how much protection it offers, no contract can prevent a breach of contract by the other party.
If you enter into a contract and it is breached, there are several possible remedies available to you. Breaches of contract occur when one party refuses to perform their obligations under the contract or performs them defectively.
A detailed knowledge of the subject is vital to secure a positive outcome. Pearsons & WardSolicitors has an in-depth knowledge of all aspects of breach of contract.
Remedies for breach of contract
For a binding contract to exist in law, there must be an offer by one party, and acceptance by the other including agreement that some benefit ("consideration") has to pass between them.
If a binding agreement is not honoured by one or more of the parties, then there is a breach of contract.
There are 2 remedies for breach of contract:
- to claim compensation for loss or damage caused by breach of contract, or
- to seek an order of the court for the contract to be performed - known as specific performance.
A claim for damages is the normal remedy and will be for:
- any loss or damage caused by the breach of contract, which arose from it in the usual course of events, or
- any loss or damage that the parties knew would be likely to result from a breach of contract when they made the contract.
Loss or damage that is too remote will not give rise to compensation. Sometimes a contract may stipulate a sum to be paid in case of a breach of contract
Specific Performance is only ordered in the discretion of the court:
- when there is no measure of the damage caused by non-performance, or
- where financial compensation would not provide adequate relief for non-performance.
Specific performance will not be ordered if a party to the contract has become incapable of performing his part of it.
There is a 6-year limitation period for bringing a breach of contract claim.
Contact our Breach of Contract Lawyers in Yorkshire
To find out more about our breach of contract and dispute resolution services and how we can help you, call us today on 01653 692247 (Malton) or 01904 716000 (York) or 01937 583210 (Wetherby), or complete our online enquiry form.