Breach Of Contract
Contracts are simply agreements between two or more individuals, businesses, organizations, or government organizations to do - or not to do - something in exchange for something of value. They can range from the "deal on a handshake" to formal written documents. Contracts are not always set in stone as they can be changed. Sometimes the changes can be oral, and sometimes a change is required to be in writing with formal notice. Still other times, the parties' past business conduct can determine whether there is a contract, and even what the terms might include.
Advertisers and companies must live up to the promises they make to consumers. If a company makes a claim about its product and that claim inspires a consumer to purchase the product, that company may be liable if the claim proves to be untrue. Additionally, companies that try to overcharge consumers may also fall under this category.
A breach of contract occurs when one side does not live up to his/her/its side of the bargain. Examples of a "breach" are where one party refuses to perform, or does something against the intent of the contract, or where one side makes it impossible for the other side to perform. The law provides various remedies for breach of contract, including reimbursement, or compensatory damages, foreseeable consequential and incidental damages, possibly liquidated damages, and attorneys' fees and costs. Often, breach of contract cases can result in damages for the victims that were foreseeable to the party that breaks the contract. In such cases, the victim is entitled to the compensation he or she would have received had the contract not been broken.
In certain situations, the law would allow rescission of the contract, which means that the agreement is cancelled, and both sides excused from any further performance. And in still others, such as in real estate cases or cases involving other unique property, one remedy would allow a court order requiring specific performance, meaning the court orders the parties to perform exactly as the contract specified.
Robert D. Erney will be happy to discuss your potential breach of contract claim when you contact our law firm.
