Breach of Contract 

A breach of contract occurs when the rights and obligations of each party under a contract are broken in some way.

Ideally, the terms of the contract should be in writing and clearly stated so they reflect the intentions of the parties. Then if the relationship between the parties breaks down it will be easier to resolve the issues. The more clearly expressed the written agreement is the more straightforward it is to resolve disputes. Any ambiguity or change of circumstance which renders a party unable or unwilling to perform its contractual obligations will make it more difficult to resolve the issue.

A failure to deal with a breach of contract quickly can severely limit your legal rights. Contrary to popular belief, a negotiated settlement may be preferable to court action in many cases. It is therefore important to have skilled contract lawyers to call upon to deal with any breaches as quickly and efficiently as possible.

A breach of contract is frequently but incorrectly confused with the concept of contractual frustration, where external factors not attributable to either party make it impossible for the contract to be performed. Both parties are automatically discharged from the contract upon frustration, although disputes can arise if one party incorrectly characterises the frustration as a breach.

Where a party was at fault for the breach, the main remedy is to claim damages. We can help to resolve such disputes quickly and at proportionate cost provided court proceedings have not been issued. If the dispute has progressed to the issue of court proceedings then we will refer you to a regulated SRA law firm to take over from there and use the court process to achieve a favourable outcome for you.