Resolving Breach of Contract Disputes
According to Adli Law Group, P.C., there are various legal business strategies lawyers can use to help resolve breach of contract disputes.
LOS ANGELES, May 6, 2015 /PRNewswire/ -- A well written contract is often the cornerstone of a successful business. Goals of a well written contract include setting forth terms so they are clear for both parties, and closing potential loopholes that may make enforcement difficult, expensive and time consuming. Regardless of their good intent, parties to a contract often fail to live up to their end of the bargain, resulting in a breach of contract dispute. As experts in various areas relating to business litigation, the lawyers at Adli Law Group have a wealth of experience on all sides of breach of contract cases. This insight based on experience allows Adli Law Group, PC to represent the best interests of its clients by anticipating how the other side's representation will act and react.
Although there are typically allegations of breach in contract disputes, not all alleged breaches are material. It is up to the litigation attorney on each side to prove that a contract breach is either material or immaterial. The distinction between these two breaches is as follows:
- Material Breach – A material breach of contract occurs when one party does not perform a required aspect of the agreement and the failure to perform results in harm or damages to the other party. For a breach to be considered material, the disparity has to be something that cannot be easily and quickly corrected by the breaching party. The reason for this is that a classification of a material breach of contract allows the non-breaching party to both sue for immediate damages, and to exit their part of the contract. This latter ability is significant, and one of the biggest distinctions between a material and an immaterial breach
- Immaterial Breach – An immaterial breach of contract, sometimes referred to as a "partial breach," or "innocent breach," refers to conduct that technically breaks the terms of a contract, but does not do any significant damage or cause any significant disruption to the other party. This type of breach still allows the non-breaching party to file a lawsuit to compensate for the partial breach, but still requires both sides to follow through with their end of the contract. For example, if a couple signs a contract with a rental company to rent 100 chairs for their wedding reception, and only 99 are delivered on the day of the reception, they may need to run out and buy an extra chair to make up for the one they didn't receive. If this chair costs $100, the couple can file a suit against the rental company for the charge that they had to incur due to the rental company's failure, but they cannot declare the contract void and refuse to pay for the 99 they did receive.
If your business finds itself on either side of a breach of contract case, it's important to have a talented legal advocate in your corner. If you need a breach of contract expert, a general business attorney, or a patent lawyer in Los Angeles, call Adli Law Group, P.C. today at 1-800-817-2949. You can also visit them online at www.adlilaw.com.
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SOURCE Adli Law Group, P.C.
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