Breach of Contract | Attorneys for Freedom Law Firm

Breach of Contract Lawyers

Contracts can exist in various forms, such as a written contract, an oral contract, or even an implied contract. In general, a contract is a legal obligation for each party to the contract to fulfill the terms of the agreement. Contracts can be beneficial to give the parties a clear understanding of their obligations and rights. However, disputes can arise as to the terms of the agreement and the obligations of the parties.

When one party breaches, or fails to perform the terms of a contract, large amounts of money and the financial health of an organization may be at stake. What ensues is often highly contentious litigation over the terms of the contract, each party’s rights and duties, and the remedies available.

In some cases, parties breach contracts without intending to do so, while in other situations parties intentionally decide not to fulfill the terms of a contract. Sometimes a breach of contract claims arises when businesses go bankrupt and cannot keep the promises they made in a contract, while another breach of contract claims might arise, for instance, when a commercial tenant has a dispute with the commercial landlord about how leased property can be used.

Types of Breach of Contract:

  • Material Breach
    A material breach occurs when a party fails to fully comply with their obligations under the agreement.
  • Anticipatory Breach
    An anticipatory breach occurs when one party anticipates the other party will not or is unable to fully perform their contractual obligations.
  • Partial Breach
    A partial breach occurs when a party performs some terms but fails to completely perform all their obligations.

To maintain a breach of contract claim, a party must establish each of the following:

  1. The existence of a valid and enforceable contract
  2. Performance by the party bringing the claim or reasonable efforts to fulfill their contractual obligations
  3. The other party’s failure to perform as required under the agreement
  4. Damages and losses resulting from the breach, which includes all losses that are the natural and probable consequence of the breach of the contract.

A party may be entitled to ‘specific performance’ of the contract, which is a remedy directing the party to perform as required by the terms of the contract. Specific performance is generally allowed when monetary damages are insufficient to remedy the loss, such as situations involving the sale of a unique item, such as a piece of art or rare collector’s item. Rescission of the contract is the remedy that essentially puts the non-breaching party back in the position he/she/it was in prior to the breach, and the contract is considered void or cancelled. It should be noted that punitive damages are generally not allowed for a breach of contract.

There are various ways the parties can resolve issues relating to contract disputes. If you need assistance with your breach of contract disputes, contact the Attorneys for Freedom or call our Arizona office at 480-755-7110 or Hawai’i office at 808-647-2423 and an experienced breach of contract lawyer can assist with your case.

 

Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110
Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423
Joe O.
Joe O.
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Tony B.
00:19 16 Mar 23
Attorneys for Freedom is super friendly and very relationship oriented. I felt at home the moment I... sat down. My lawyer Andy and paralegal Brittany were awesome. My case was unique and required research that would have been instrumental to navigating my case had it moved to a formal charge. Fortunately, the case sort of resolved without further legal intervention. I would definitely hire them again (I hope I don't need to).read more
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Steve P.
16:33 28 Feb 23
I can not say enough about my experience with Attorneys For Freedom and especially Rachel Moss. I... was involved in an extremely stressful situation and I experienced her as very compassionate and open to my concerns. She was able to synthesize and relate the germane issues about the situation with me and I really appreciated that she was open and able to also consult with other attorneys in the office. I found Rachel to be knowledgeable, reliable and available. She (and the firm) get 5+ stars from me and I would recommend her (and A4F) without reservation to others.read more
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Morgan V.
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I just want to thank Mark and all of his staff for coming through for me. I was thinking that I was... gonna face some time, but he is a man of his word and got me probation like he said he would. Thanks Mark Victor! You gave my life back to me. I would and will recommend anyone going through some kind of legal matters. You and his staff are the greatest . Also I'd like to thank Andrew C. Marcantel for hanging in there with me. I appreciate you all very much. Thanks againSincerely.O. Vegaread more
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