People use contracts early to avoid confusion, disagreements and disappointments later. In business, this is particularly important, as the viability of the business could be at stake if someone violates the terms in the contract.
What are your options, then, if you enter into a business agreement with someone who breaches the contract?
Any party's failure to fulfill any of its contractual obligations is considered a breach. A breach could happen if a party fails to perform on time, does not perform according to the terms of the agreement or fails to fulfill any of its contractual obligations at all.
If your contract was breached, you have the rights to relief (or remedy) under the law.
This includes damages, specific performance, cancellation, and restitution.
A failure to perform according to the terms of the contract is a breach. A breach of contract may subject the breaching party to the payment of money (damages to the nonbreaching party). The breaching party may also be ordered by a court to pay attorney's fees.
Specific performance is a legal remedy if damages prove to be inadequate. The breaching party must perform a duty as ordered by the court. This step is usually taken if the subject matter of the contract is rare or unique and if damages caused more than financial damage to the nonbreaching party.
Whether you believe someone has breached a duty to you or someone has alleged you breached a duty, you will need competent legal counsel. Trust our Dallas business litigation attorney with your situation. Our founding attorney, Steve Hunnicutt, has more than 25 years of experience obtaining successful results for his clients. He will advocate on your behalf to get you the results you deserve.