As a business owner, taking the necessary steps to protect your business is critical. That is why it is imperative to establish strong contracts. However, when the other party fails to fulfill their obligations as legally agreed upon, it can leave you unsure of where to turn. If this reflects your circumstances, it’s imperative to familiarize yourself with the different kinds of contract breaches that can arise and why working with an Atlanta breach of contract lawyer is in your best interest during these complicated legal matters.
Are There Different Forms of Contract Breaches?
While, at the very core, contract breaches occur when a violation of a previous agreement occurs, it’s imperative to familiarize yourself with the different types of breaches that can occur. There are generally four common types that can occur, including the following:
- Minor Breach: Also called a partial breach, this occurs when only one part of the contract is violated. These are often minor and the obligations of each party can still be carried out. For example, if you hire a company to complete a job, but the company does not complete the job correctly, you can seek compensation. You will be unable to sue for non-fulfillment, as the work covered in the contract is complete and on time, but if the outcome is not as intended, you have grounds for legal action. For example, hiring a painter who leaves streaks or bare patches would be a minor breach.
- Material Breach: This kind of contract violation occurs when the product you receive is not what was agreed upon in your contract. For example, if you pay for a billboard advertisement only to find the company used another customer’s advertisement, it constitutes a material breach.
- Fundamental Breach: Also referred to as an actual breach, this kind of violation is so egregious that the contract can no longer be carried out. Typically, this involves failure to perform a task critical to the core of the contract.
- Anticipatory Breach: This kind of violation occurs when the contracting party knows the entity contracted will be unable to carry out its end of the deal by the due date.
What Are My Rights if a Contract is Breached?
You should note that this is not inherently considered a criminal act, and thus the other party cannot face criminal charges for their failure to fulfill obligations as stated in the contract. It is critical to understand that the purpose of the contract is to protect you in the event that the other party does not carry out their end of the agreement. As such, you can seek compensation for the damages incurred as a result of a violation.
Typically, you can seek compensation for the actual damages you’ve sustained as a result, most commonly awarded through compensatory damages. However, you may also receive restitution, depending on the circumstances of your case.
A contract breach can have serious impacts on your business, so ensuring you fight for the justice you deserve is critical. At AB Law, we understand how frustrating these matters can be. That’s why our dedicated legal team will do everything possible to help you secure the best possible outcome for your circumstances. Contact us today to learn more.
