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Breach of a contract refers to the violation of the terms of an agreement by one or more parties to a contract. Violating the terms of a contract may involve failing to fulfill obligations one has under the contract or interfering with the rights of the other party or their ability to fulfill their obligations.
When a party to a contract breaches the agreement, the other side can take the dispute to court in a breach of contract lawsuit. If you find yourself in a potential breach of contract situation, you should understand your rights and what you might expect from a breach of contract lawsuit.
In order to succeed in a breach of contract lawsuit, the party claiming that a breach has occurred must first prove the existence of a contract between the two sides. The basic legal requirements of a valid contract include:
To prove that a contract has been breached, the party bringing suit must explain how the other side failed to live up to the terms of the agreement. Usually, the party filing suit must also show that they themselves have not breached the contract.
After one party is accused of breaching the contract, the other side may either try to enforce the breaching party’s obligation to perform under the contract, or they may seek financial compensation for losses they have incurred under the contract. Parties may choose to resolve their dispute either through informal negotiation between them or by engaging in formal dispute resolution mechanisms such as mediation or arbitration (especially if required under the terms of the contract).
However, in some cases, a party’s sole recourse to enforce their rights may lie in filing a lawsuit in court.
Breaches of contract are categorized in one of two ways: a non-material breach, which does not excuse the other party from their obligation to continue performing under the contract, or a material breach, which does excuse the other party’s performance and usually results in the termination of the contractual relationship.
In a breach of contract lawsuit, the aggrieved party may have up to three remedies available to them:
Did you sustain serious losses due to someone else breaching a contractual agreement in New Jersey? Don’t let your losses pile up while you wait for the other party to do the right thing. Right now, you need an aggressive attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at The Epstein Law Firm represent clients in Jersey City, Union City, Bayonne, Hoboken, and throughout New Jersey. Call (201) 380-7687 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 340 West Passaic St., Rochelle Park, NJ 07762.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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