Should you sue for breach of contract?
Suing for breach of contract is not always the most straightforward of processes. In order to give yourself the best chance of success you need to be able to show the following;
- The existence of a contract. A written, signed contract should be your first port of call, but other documentation, such as letters, emails, text messages, invoices and conduct can be used in substitute of a written contract in the majority of cases.
- Breach of the contract. Evidence must be given to state the obligations of the parties, and that those obligations were not met, such as goods or services were not delivered to the required standard.
- Loss suffered. As the injured party, it’s your responsibility to provide evidence that you suffered loss as a result of the breach of contract, and that you should be compensated as a result.
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If the above can be shown and an agreement to settle the dispute cannot be reached between the parties, then the aggrieved party has the option to sue the other for breach of contract.
What this means, is that the aggrieved party will be bringing a court claim against the other for non-performance of the contract and seeking to recover the losses they have suffered as a result of this breach.
There are various losses that can be claimed against the other party and our expert team will be able to advise you on these losses and what obligations you have to reduce the losses claimed for.
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Do you need help with the following?
- Broken Agreements & Contracts
- Contested Wills
- Employment Advice
- Enforcing Court Judgments
- Financial Abuse Law
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- Landlord & Tenant Disputes
- Personal Injury
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Dispute Resolution Team
Holly is a Member and Head of Mullis and Peake’s Dispute Resolution Department
Martyn is our Chairman and the firms' Compliance Officer for Legal Practice