What is a Breach of Contract
Contracts are entered into everyday, unfortunately not all contracts abide by the terms of their agreement. Our Firm specializes in representing those individuals who have been wrongfully accused or claimed that they were unfairly breached in a contract with another party and we also represent people for whatever reason do not want to follow through on what was agreed upon between them and someone else.
There are many variations of breaches of contracts.
Anticipatory Breach of Contract Cases
Anticipatory breach of contract cases are very common in civil litigation, particularly in breach of contract claims. Anticipatory breach is where one party (the plaintiff) believes that the other (defendant) has already breached their contractual obligations but they have not yet taken any court action because at this stage they still believe that there will be a resolution. Anticipatory breach of contract cases are not uncommon but, as it is an area that is open to abuse, the court will take a very close look at each case.
There are many situations when parties may wish to settle their disputes without resorting to litigation (for example, in breach of contract claims) and this type of dispute out of court.
Actual Breach of Contract Cases
"A breach of contract occurs when one party fails to comply with its obligations under a contract."
As per the Cambridge Business English Dictionary, breach means to break or fail to keep promises made in an agreement. Breach of contract can take several forms, depending upon the type of breach and where it takes place. It could be as simple as neglecting to carry out essential obligations in the clauses of a contract, breach of confidence or breach of warranty. It can be as complex as breach-of breach of trust and breach of fiduciary duty.
A breach may occur when one party fails to comply with its obligations under a contract. Generally two types:
The general breach of contract is breach other than repudiation. It occurs when one party fails to perform its obligations under the terms of a contract as a result of which the other party suffers loss or injury e.g. breach of contract for printing and publishing, breach in sale of product by manufacturer etc.
Express breach- breach is said to be express breach when breach is communicated with a special emphasis. It can also be breach that was not simple breach of contract, but breach in form and substance- thus distinguishing it from the other types of breach
Constructive breach- breach occurs as soon as a party fails to perform even though there was no intention to break the law or disobey any provision of the contract. Breach takes place when a party's breach of contract causes damages or loss to another party.
Waiver breach- breach occurs when one party accepts the performance of a duty despite undertaking not to do so and if such breach is accepted by other party that amounts to waiver breach.
Minor Breach of Contract Cases
A breach of contract is a breach or violation of an agreement between the parties involved. Breach of contract, in legal terms, may be as serious as a breach that takes place on a major part of the contract and more often than not breach can be what we call minor breach and it generally refers to situations where there has been breach of some minor part of the contract and if breach is verified by courts, breach of contract cases are tried.
One interesting point that needs to be brought to light in these types of cases is that they can be very complicated or made simple depending upon various factors like –- breach of fundamental terms of the agreement, breach that is material or immaterial, breach after-thought (breach in an attempt to avoid performance obligations), breach by silence (when there has been breach but it is not explicitly stated), breach by third party or breach caused due to incapacity of one party or breach on grounds of breach by breach of contract on grounds which are not specified in the agreement or breach held to be constructive breach, breach due to breach in another relation and breach as a result of breach or breach in another contract.
Material Breach of Contract Cases
Breach of contract is the failure to perform a legal obligation set forth in a contract; both parties are expected to uphold all terms of the agreement and if one fails to do so, breach has occurred. There are several different types of breach: total breach, specific breach, partial breach and anticipatory breach. These breach types are characterized by how a breach is perceived and what the parties will do in response.
Some breach of contract cases may be dismissed or settle out of court as some breach types are more complicated than others. Lawyers may try to argue that their client did not breach at all, was not responsible for the breach, that there was no damages suffered, breach was an anticipatory breach, etc.
Small businesses that are in breach of contract may face unfair competition from other companies and their reputation could be at stake as well. Because breach cases have such serious consequences it is important to understand what the breach types are, and how they can affect your business before you breach a contract.
When Hiring a Breach of Contract Attorney
When searching for a Chicago breach of contract attorney, it is important to know, Ana McNamara is well versed on the legal code particularly that of civil litigation services and brings a vast experience helping people resolve dispute situations in and out court. McNamara is a well known civil litigation attorney providing legal services who represents clients involved in multiple areas of breach of contact issues throughout Cook County, Illinois and has handled various cases at the Richard J. Dailey Center.
McNamara Legal in Chicago, Illinois is well adept to assist you in any Breach of Contract legal dispute. If you need assistance with a Breach of Contract, call our office today at 312-719-7959.