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Overview of Breach Of Contract

Business contracts are the backbone of commerce, establishing obligations between parties. Whether you're a small business owner or a seasoned entrepreneur, you engage in numerous contractual agreements daily. However, when one party fails to meet their contractual commitments, it leads to a "breach" of the contract. So, what happens when a breach of contract occurs, and what are the legal rights and options for both parties involved? This article provides valuable insights into breach of contract cases and outlines your legal rights and available courses of action.

Can You Sue for Breach of Contract?

Yes, you can sue for breach of contract, regardless of whether it's a minor or major breach. The contract's terms may provide remedies for minor breaches without necessitating a lawsuit. Parties can work together to amend the contract to address issues like delivery times and dates, as in the Producer and Store scenario. However, when a breach occurs, and one or both parties seek enforcement of the written contract, legal action may be required, particularly to recover damages resulting from the breach.

What Constitutes a Breach of Contract?

A breach of contract occurs when one party fails to fulfill its obligations as outlined in a valid contract, resulting in damages to the other party. To establish a breach of contract, three key elements must be present:

  • A valid contract must exist.
  • One party must have performed its obligations.
  • The performing party must have suffered damages due to the breach.

A breach can manifest in various forms:

  • Failure to perform on time.
  • Failure to perform altogether.
  • Failure to perform in accordance with the contract's terms.

It's important to note that not every breach automatically entitles the injured party to legal action. The breach must be material, meaning it has a significant impact or causes financial harm to the injured party.

For example, if a contract stipulated that "Producer" should deliver widgets to "Store" by Thursday afternoon, but due to shipping problems, the widgets arrived on Friday morning, Store may not have grounds for a breach of contract lawsuit if they suffered no financial loss.

Dispute Resolution Alternatives

Resolving a breach of contract issue doesn't always require a full-blown court case. Parties have alternative options for dispute resolution:


Parties, along with their attorneys, engage a neutral third party in mediation to resolve disputes without going to court.


An administrative law judge oversees arbitration, issuing a binding ruling on the contract dispute. Parties still have the opportunity to discuss and negotiate during arbitration.

Small Claims Court

For cases involving relatively small sums, parties can represent themselves in small claims court, avoiding the need for costly legal representation.

Remedies for a Breach of Contract

When a breach of contract takes place, it causes harm to the non-breaching party, who may seek remedies or relief under the law. The primary remedies for a breach of contract include:


Damages may be specified in the contract or awarded by the court. Different types of damages include:

  • Compensatory damages:These aim to put the non-breaching party in the position they would have been in had the breach not occurred. For instance, if Store needed the widgets for a big promotion, compensatory damages would cover the money lost during the sale.
  • Liquidated damages: These are predetermined damages mentioned in the contract, often used when calculating actual damages is challenging. For example, a construction contract might specify liquidated damages for project delays.
  • Nominal damages: Awarded for minor, inconsequential breaches that inconvenience the performing party.
  • Punitive damages: Rarely seen in contract cases, these are payments to punish the breaching party for egregious or harmful acts.

Specific Performance

In cases where the subject of the contract is unique, or no amount of money can adequately compensate the non-breaching party, a court may order specific performance. This compels the breaching party to fulfill the contract's terms, often seen in real estate matters.

Cancellation and Restitution

If a contract is irreparably breached, either party can cancel it and request rescission from the court. Rescission discharges all remaining obligations between the parties. If the non-breaching party has benefited the breaching party, restitution may be requested to return them to their pre-contractual position.

Seek Legal Guidance from the experts at LegalRaahi

In LegalRaahi, we know that in breach of contract cases, a lot is at stake, and a thorough understanding of the situation is crucial. Consulting an experienced business attorney is advisable before proceeding with your business dispute. Our experts at LegalRaahi can explain your options, guide you through the breach of contract lawsuit process, and work toward achieving the best possible outcome for your case.

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