What is a breach of contract?

A breach of contract is when a party fails to carry out some or all the responsibilities stated within the contract. It entitles other parties to claim damages for any losses that are suffered due to the breach of contract.

What are the important factors to consider?

Depending on the nature of your contract, there are things that need to be established before moving forward:

• Although a verbal contract is legally binding, it is difficult to establish that a contract has been breached as it is simply one person’s word against another’s.
• When there is a well-constructed written contract, it is easier to rely on the written contract to establish that a party has breached the terms.
• Check for evidence of any modifications to the contract’s terms. It is important that each party understands the most recent terms and has agreed to them.
• If you wait a length of time before complaining about a breach of contract, the court may decide that you have effectively waived the breach, denying you the right to seek damages.

How to prove there has been a breach of contract?

You must be able to show the following if a party has breached a contract:

• There must be proof there was a legally binding contract in place and it had been breached.
• Clarify the terms and conditions of the contract and compare it to what took place, proving that the party has broken the terms of the agreement.
• The innocent party must be able to prove there was a loss due to the breach, this loss requires compensation.

How can we help?

If you have been affected by any of the above, contact us today on 0161 798 9000 and we can discuss your circumstance to see how we can help.