Cain & Kiel Law

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Cleburne Breach of Contract Attorney

Hillsboro breach of contract attorney

Cleburne Breach of Contract Lawyer Serving Texas

If you are a business owner, you frequently deal with contracts regarding vendors, suppliers, customers, and other businesses. These contracts are important because they establish the terms of your relationship and ensure that everyone understands their responsibilities. However, contract disputes sometimes arise, and they can be very costly and time-consuming for businesses. If you need to address a contract breach by another party, or if you have been accused of violating the terms of a business contract, it is important to consult with an experienced business law attorney who can help you resolve the issue quickly and efficiently.

Cain & Kiel Law can help you determine the best ways to approach contract disputes. We can review the terms of a contract to determine whether there has been a breach, and we can then advise you on how to proceed and develop options as you address this issue. We can also negotiate on your behalf as you determine how to resolve these matters, and we will help you find solutions that will protect your financial interests. Our goal is always to help you reach a fair and amicable resolution, but we are prepared to take whatever actions are necessary to protect your business interests, including providing you with representation during business litigation.

Types of Contract Breaches

Generally, there are two types of contract breaches: a material breach and a minor breach. A material breach is a violation of a contract term that is so significant that it goes to the heart of the agreement, and these types of breaches may result in significant financial losses for the non-breaching party, or they may require the contract to be canceled altogether. A minor breach, on the other hand, is a less serious violation that often does not affect the overall performance of the contract.

The parties involved in a contract dispute may also need to address whether an actual breach has occurred or whether an anticipation of breach is forthcoming. Sometimes, one party cannot fulfill their obligations under the contract. These situations can often create complex dilemmas for both parties that require skilled legal review by an experienced attorney.

Legal Remedies for Breach of Contract

Contract disputes may be resolved in a variety of ways. In some cases, the parties may be able to agree on a settlement, and they may do so through commercial mediation or out-of-court negotiations. In others, litigation in court or before an arbitration tribunal may be required. During litigation, the party that is alleging a breach of contract will need to show that a breach occurred and that this breach led them to suffer financial losses or other damages.

If one party has violated the terms of a contract, multiple options may be available for addressing the breach. These include:

  • Compensatory damages - The breaching party may pay damages to the non-breaching party for the losses that occurred because of the breach.
  • Specific performance - The breaching party may be ordered by the court to carry out certain terms as required in the contract.
  • Liquidated damages - A contract may include terms stating the damages that will be paid by one party to the other if a breach occurs.
  • Rescission - The contract may be canceled, freeing both parties from their obligations. However, the breaching party will usually be required to pay compensation or take other actions to return the other party to the position they were in prior to signing the contract.
  • Punitive damages - In cases involving willful or malicious contract violations, one party may be ordered to pay damages as punishment. This may be an option in cases involving fraud or other illegal actions.

A company that is accused of committing a breach of contract may raise multiple defenses. They may be able to show that they did fulfill the contract's terms, or they may raise valid reasons for their failure to meet their obligations. These may include showing that a contract was fraudulent, that it was illegal or violated public policy, that it contained a unilateral or mutual mistake, that it was unconscionable or did not provide proper consideration, or that an "act of God" such as a natural disaster made it impossible to carry out the terms of the agreement. We can help plaintiffs and defendants understand how these issues may affect contract disputes, and we will advocate for our client's interests when negotiating agreements between the parties or pursuing litigation.

Contact Our Cleburne Breach of Contract Lawyers

If you are involved in a contract dispute, our Johnson County breach of contract attorneys can help. We have the experience and knowledge to help you resolve these matters efficiently and effectively. We will review your case and advise you on how best to proceed, and we will provide you with representation and advocacy for your interests both inside and outside of the courtroom. Contact us today at 817-645-1717 to schedule a consultation.

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