BREACH OF CONTRACT
Contracts are an important pillar of the commercial world, and it is an unfortunate fact that breach of contract is one of the most common commercial disputes – in 2007 there were 1,045 cases of contractual disputes in Mississippi courts alone.
Breach of contract disputes are specialized and complex. The result of a dispute will usually be determined through the content of the contract which was signed; however attorneys deal with many cases of contractual disputes where they did not play a part in the original negotiations. Breach of contract cases will either end up as a dispute where a party has not performed its obligations or where the attorney’s client is sued for breach.
Breach of contract cases do not have to end in court, and there are a number of more conciliatory means of settling these disputes. Should the matter reach litigation, however, special consideration should be given to what remedy should be sought. Generally there are two possible remedies:
- Damages are awarded when the contractual breach can be remedied through the payment of money. The main types of damages are Liquidated (pre-agreed) and Compensatory (restoring the plaintiff’s original position).
- If money is not sufficient or relevant, an Injunction or Specific Performance may be awarded.
An experienced lawyer will know what type of remedy to seek in order to ensure his client’s best interests.
Other things to note are
- Actions for Breach of Contract have to be undertaken within a certain time limit as defined in the Statute of Limitations
- Some contracts have to be in writing in order to be enforceable. The Statute of Frauds determines which ones these are (Real-estate and promises to pay other people’s debt are two examples).
- The choice of court can make a substantial difference – justice court vs. county court, etc.
Clarence Guthrie has 10 years experience at both the trial and appellate levels, and he can mediate or arbitrate disputes as well. You can reach him at 866.991.1555 or 601.991.1099 , or contact him using this form.