Civil Litigation

A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract. This includes failure to perform in a manner that meets the standards of the industry or the requirements of any express warranty or implied warranty, including the implied warranty of merchantability. As each and every contract and alleged breach leading to a dispute is different, contract law can be a complex and nuanced area of law.

The breach of contract can be categorized as material or immaterial, depending on the type of damages the at-fault party has caused.  A material or total breach occurs when the duty not performed is so essential that the main purpose of the contract cannot be fulfilled.  An immaterial, or partial breach occurs when the majority of the duties specified in the contract have still been performed. You can still seek damages after a partial breach, but you cannot terminate the contract.

If one party to a contract does not live up to its side of the bargain, that is known as breach of contract, and the other party can sue for any damages that resulted from the breach. These damages are not necessarily physical. They can also include profits lost on sales that fell through and time wasted in waiting for deliveries that did not arrive as promised.

Breach of contract is a fairly common occurrence in today’s society, and happens for various reasons.

Regardless of the type of contract breach, you need to establish a few facts to build a credible case should you take the breach to court, and this can get tricky, especially if the contract was verbal or implied.  In most breach of contract cases, you must verify that:

-The contract existed

-The contract was broken by the other party

-You lost money or the other party caused damages or harm

-The defendant was responsible for those damages or harm

While it is not possible to prevent problems and disputes completely, the risk of disputes can be reduced through the use of well-drafted documents, intelligent risk management, and sound decision-making.  From a practical standpoint, certain risks will always exist.  The attorneys at Nowicki & Associates help their clients minimize risks and make informed business decisions about how to proceed at each and every step of the process whether drafting a contract or evaluating contractual breach.

If you are interested in learning how Nowicki & Associates can help you, contact our office to arrange a consultation. Call us at 410-879-0026 or email Tyler J. Nowicki, Esq. directly at Tnowicki@jwnlaw.com. All consultations are free and we’ll take the time to answer each and every question.