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Can you sue for breach of contract?

On Behalf of | Jan 18, 2022 | Business & Commercial Law, Business Litigation

Whether you are a small business owner or oversee a larger corporation, you may handle contracts regularly. Knowing how to create, organize, evaluate and sign contracts is an important part of daily business activities. Do you know what to do, however, if someone does not meet their end of the agreement?

When a breach of contract occurs, a party may choose to bring the matter to court for resolution. When someone fails to uphold their end of a contract, it can be costly and devastating to your business. If you find yourself a victim of a contract breach, it is important to know how to manage the situation properly.

What is a breach of contract?

The judge presiding over the case will look at certain factors to determine whether a breach of contract has occurred. According to The Balance, these factors include the following:

  • Was there a valid contract
  • Where the terms of the contract clearly stated
  • What terms were not met
  • Were the special conditions surrounding the breach
  • Were there damages involved

It is important to remember that each case may have unique circumstances that could affect the outcome.

When can you sue?

Before you take your lawsuit to court, you should make sure you have grounds to sue for breach of contract. First, make sure the contract is in writing. An oral contract can be extremely difficult to prove as either party could alter the terms that were agreed upon. Be sure to check the statute of limitations, or how long it has been since the breach of contract happened. The amount of time you have to bring your claim to court may vary depending on what type of contract is in question.