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A contract is a legally binding agreement between two or more parties, made orally or in writing, that promises performance of specific tasks by those parties.
If you consider that one party has breached a contract that you have with them, you must be able to prove that there was a legally binding contract made in the first place.
For a contract to be legally binding, it must have the following elements:
A contract can be made in writing or verbally. While written and signed contracts minimise misunderstandings and produce a clear record – verbal (or otherwise) informal contracts are still contracts.
Do both sides always have obligations to fulfil? It depends. A contract can be bilateral, or unilateral. A bilateral contract is one in which both parties have obligations to another. For example, if you were to sell your car, your obligation would be to transfer ownership of your car, and the other party’s would be to pay you for the car.
In a unilateral contract, the contract is only completed when the offeree performs a task. For example, if someone puts out a “Missing Pet” poster, with a reward for finding the pet, there is no obligation for passersby to find the pet. It is only when a passerby does find the pet and returns it to the owner that the contract is completed.
There are two types of contract terms:
A breach of contract is where one party fails to carry out their obligations or follow the terms set out within the contract. Unsurprisingly, in order to commence proceedings for a breach of contract, a legitimate breach must be identified.
Depending on the severity of the breach, different remedies will be available to the innocent party.
There are three main types of breaches that can occur, each of which will affect the non-breaching party’s options.
If you believe that there has been a violation of your contract, you may seek remedies. There are many forms this could take, including:
Of course, the type of breach will dictate what remedies you could seek. You are not going to be able to obtain an injunction if a car dealer has supplied you a car that has no wheels. You could, however, obtain an order for damages or specific performance, requiring the car dealer to supply a car with wheels.
If you consider that you have an issue in relation to a breach of contract, contact our experienced team and we will be able to assist you.
The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.
A contract is a legally binding agreement between two or more parties, made orally or in writing, that promises performance of specific tasks by those parties.
If you consider that one party has breached a contract that you have with them, you must be able to prove that there was a legally binding contract made in the first place.
For a contract to be legally binding, it must have the following elements:
A contract can be made in writing or verbally. While written and signed contracts minimise misunderstandings and produce a clear record – verbal (or otherwise) informal contracts are still contracts.
Do both sides always have obligations to fulfil? It depends. A contract can be bilateral, or unilateral. A bilateral contract is one in which both parties have obligations to another. For example, if you were to sell your car, your obligation would be to transfer ownership of your car, and the other party’s would be to pay you for the car.
In a unilateral contract, the contract is only completed when the offeree performs a task. For example, if someone puts out a “Missing Pet” poster, with a reward for finding the pet, there is no obligation for passersby to find the pet. It is only when a passerby does find the pet and returns it to the owner that the contract is completed.
There are two types of contract terms:
A breach of contract is where one party fails to carry out their obligations or follow the terms set out within the contract. Unsurprisingly, in order to commence proceedings for a breach of contract, a legitimate breach must be identified.
Depending on the severity of the breach, different remedies will be available to the innocent party.
There are three main types of breaches that can occur, each of which will affect the non-breaching party’s options.
If you believe that there has been a violation of your contract, you may seek remedies. There are many forms this could take, including:
Of course, the type of breach will dictate what remedies you could seek. You are not going to be able to obtain an injunction if a car dealer has supplied you a car that has no wheels. You could, however, obtain an order for damages or specific performance, requiring the car dealer to supply a car with wheels.
If you consider that you have an issue in relation to a breach of contract, contact our experienced team and we will be able to assist you.