For additional information regarding the criterion for inclusion or membership for lawyer associations, awards, & certifications click image for link.

Breach of Contract

Breach of Contract Breach of Contract

A contract is a legally enforceable promise, either made in writing or orally. Breach of contract occurs when one or more parties to a contract break that promise by failing to perform or fulfill any term of the contract without a legitimate legal excuse. A breach can occur in one single instance or it can be ongoing and continuous. Examples of breaches of contract include failure to make payment in full or on time, failure to deliver all the goods, substitution of inferior or significantly different goods. In the case of employment, breach could occur when one party fails to finish a job they were hired to do, an employer terminates an employee before their contract is up and or an employee quitting before their contract is up.

When a breach occurs, the non-breaching party is relieved of his or her obligations under the contract by the other party’s breach. Additionally, the non-breaching party may file a claim in civil court, whereby the court may award damages to the non-breaching party, with the intent not being to punish the breaching party, but rather to put the non-breaching party in the position they would be in had the contract been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract.

Material Breach

A “material” breach of contract occurs when the breach strikes so deeply at the heart of the contract and defeats the sole purpose of making the contract. If there is a material breach, the non-breaching party can simply end the agreement and go to court to try to collect damages caused by the breach.

For example, if you contracted with a car dealership for a BMW Z4 Roadster with a radio and fancy hubcaps, but the Roadster that was delivered lacked the fancy hubcaps, it is unlikely that the court would find that there was a material breach. Although you likely wouldn’t be able to cancel the contract, given that you did receive the make and model of the car that you contracted for, the court might require the dealership to remedy the situation such as by requiring it to install the radio and the hub caps. On the other hand, if dealership promised you the very Ford Mustang driven by Steve McQueen in Bullitt, then presented you with a brand new Mustang, then it could be said that the dealership made a material breach. In this instance, your bargain wasn’t about the make and model of the car; it was about one particular vehicle.

Damages

If the breach is something that can be fixed with reasonable effort or expense, while keeping the contract in effect, it’s less likely to be material. Consider the hubcap-free, radio-less BMW, mentioned above. Because the dealer could easily fix the problem by installing the promised features, there would not be a material breach of the contract, and you wouldn’t be able to cancel

If someone has breached a contract with you, whether it be in regards to goods, services, or your employment, do not hesitate to contact the attorneys at Mashel Law, L.L.C. and let our experience work for you.

Client Reviews
★★★★★
From start to finish this firm was amazing. During a real difficult time in my life they made my case feel like it was a top priority. I can't thank them all enough. Great job! I would highly recommend this firm. C.B.
★★★★★
No person ever wants to use a Labor and Employment Attorney because that indicates that someone has been through a bad experience. From my first contact with them up until our final meeting I was pleased with their professionalism, knowledge, kindness, and customer service. Their attorneys possess integrity and realism. They will fight for you if you have a case. I'm glad I came to Mashel law. While I hope anyone reading this doesn't need an attorney in this area, if you do I highly recommend them. V.S.
★★★★★
After an offer to settle for a very small amount, I went to Mashel Law Firm. Mr. Mashel and Peter earned me eleven times more than previous offer. Only Mashel law firm can teach your employer the lesson. You should get benefit of their expertise. R.P.
★★★★★
I learned of the firm from a referral of a client who was also satisfied with your firm. I was 100% satisfied with the treatment and services provided. My experience with Mashel Law was a painless experience, gentle and kind. I would absolutely recommend this firm to anyone. N.A.
★★★★★
If you have experienced personal injury and need someone that really can help you with your case, you need to come to Mashel Law. They do their homework. Steve is an excellent attorney with the gift of situational intelligence. This means that, when presented with contrary evidence. He has the insight to get past the misnomers and extract the facts in a manner that places you in a favorable position. This Firm also has the experience, expertise and the forethought to posture your case in the best position, with medical professionals that speak with compelling intelligence and intellect concerning your injury. If you are serious about being represented properly, do not hesitate to contact The Mashel Law Firm. H.L.