Contractual Dispute Lawyer

Lawyers For Contract Disputes

Contract Litigation Attorneys

Contracts are an excellent tool for building business relationships but sometimes disputes arise among the parties that sign a contract. This happens when a party breaches the terms of the contract forcing the other party to file a lawsuit to protect their assets, business, and rights. These kinds of lawsuits are often complicated but all you need is an experienced Houston Contractual Dispute Lawyer.

What Is A Valid Contract

Civil Litigation Attorney Houston

Only a valid contract is considered to be legal.  To create a valid contract the following elements must exist:

  • There must be an offer to form a contract
  • Both parties must accept that offer
  • There must be a meeting of minds
  • Each party must consent to all the terms of the contract
  • There must be the execution and delivery of the contract if it’s a written contract

Not all contracts are written contracts. There are legal formal contracts that are written or just oral or private handshake agreements. You can also form an informal verbal agreement that is legal.

What Is A Breach Of Contract?

Lawyer Specializing In Contracts

Contractual Dispute LawyerYou can view a contract as a document full of promises from both parties bound by the contract.  When each party keeps its promises, the purpose of the contract is achieved. But when a party fails to keep their promises, then it is referred to as a breach of contract.

Sometimes a breach of contract is anticipatory, meaning that a party bound by the contract indicates that they do not intend to fulfill their contractual obligations. They may say it with words or through their actions. An action that may indicate an anticipatory breach or repudiation is when one party does something that makes it impossible for the other party to fulfill their promises.

What Types of Contracts Have The Most Contract Breach Cases

Sample Demand Letter Breach Of Contract

Contracts that have the most breach of contract cases include:

  • Employment contracts
  • Non-compete agreements
  • Insurance contracts
  • Wills and Trusts
  • Partnership agreements
  • Sales contracts
  • Purchase agreements and more

You can file a claim for a breach of contract.

When Is A Breach A Breach?

What Do I Do In A Contractual Dispute?

Before you start taking action, find out whether the other party actually breached your contract. The following are the elements of a breach of contract claim:

  • The parties must have created a valid contract
  • The non-breaching party must have offered performance of the contract
  • The breaching party must have breached the contract
  • The non-breaching party must have suffered damages directly caused by the defendant’s breach

Material Vs Immaterial Breach

How Do You Respond To A Contract Dispute?

Only a material breach can free the wronged party from their contractual obligations and allow them to sue the breaching party for damages or enforce the contract. But if the breach is not significant or is immaterial, then the non-breaching party must still fulfill their contractual obligations.

Courts can determine whether a breach is material or immaterial by the extent of damages suffered by the plaintiff. They also look at how much it will take to compensate the non-breaching party for the damages and the ability of the defendant to provide that compensation. They also consider if the breaching party all along intended to breach the contract and so on.

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