Breach of Contract

Breach of Contract – here are the facts

When it comes to making agreements, there are five elements which must be present in order for a contract to be legally binding:

• Offer: Someone makes an offer to you, like selling a product or providing a service.
• Acceptance: You agree to the offer, either verbally, in writing, or even through actions.
• Consideration: There’s something of value exchanged, like money for a product or service.
• Intention to create legal relations: Both parties mean to enter into a legal agreement, not just a casual promise.
• Capacity: Everyone involved is legally able to enter into the agreement.

Contracts can be made in different ways – spoken, written, or a mix of both. But it’s usually better to have things written down to avoid confusion later on.

If someone doesn’t stick to the terms of the contract, you might be able to claim damages. This means you can ask for money to make up for any losses you’ve suffered because of their breach of contract. But to succeed in a claim, you’ll need to prove that they broke the contract, caused you a loss, and that you’ve done what you reasonably can to minimise that loss.

Sometimes, there might be a breach of duty both in the contract and under the law (tort). In these cases, we have to consider what damages can be claimed for each.

If you think someone’s breached a contract with you, our Dispute Resolution team at Thompson Smith and Puxon is here to help. Get in touch with us to learn more or arrange a chat about your situation. We’re here to make things clearer for you.

Our Fees

Once we have a full understanding of the issue you are facing, we will provide an estimate of future costs. Our aim is to support you by offering you advice on your dispute at a cost-effective price.