Contract Dispute Resolution
Contracts are legally binding agreements that businesses and individuals enter when transacting a product or service. In most cases, these documents are straightforward and easily interpreted. Occasionally, however, contracts can be more complicated, which can lead to confusion, misunderstanding, and even fraud.
Breach of Contract
When one or more parties fails or refuses to perform a service or provide a good according to the terms specified in their contract, they could be considered in breach of contract. There are several types of breach of contract, but terminology and statutes will vary from state to state, so be sure to contact DC Capital Law when considering taking legal action.
- Immaterial Breach
Also known as a minor breach, this is a deviation from a contract that does not result in deficient functionality or quality. In most cases, plaintiff cannot sue for damages if an immaterial breach has occurred.
- Material Breach
This type of breach involves a failure to meet a specific “condition” — a term or phrase in a contract relating to the essence of the agreement. Essentiality is determined if the condition was such that the promisee wouldn’t have entered the contract had they known the specific component of the agreement would or could not be met.
- Anticipatory Breach
A situation in which performance or delivery is unlikely to occur or guaranteed not to occur. If repudiatory in nature, an anticipatory breach can lead to an immediate termination of the contract and the ability to sue for damages prior to the breach actually occurring. However, the aggrieved party must accept repudiation prior to the agreed upon delivery or performance date. If they fail to do so, they forfeit their right to damages based on anticipatory breach, and the contract continues as agreed upon.
If you or someone you know has been a victim of a contract breach or is in the midst of a contract dispute, please contact our offices today by completing this form or calling 202.793.4433. We offer free consultations and are eager to help you resolve your legal issues in a timely and effective manner.