Breach of Contract Lawyer

Contracts set out the promises that parties rely on in business and personal transactions. When one party fails to honour those promises, the other party suffers loss and uncertainty. Understanding your rights and remedies is essential to minimise damage and protect your interests.

Revolance Legal assists clients on both sides of contract disputes. We provide clear advice on whether a breach has occurred, options to enforce the contract and strategies to resolve disputes efficiently.

What is a Breach of Contract?

A breach occurs when a party fails to perform their obligations or shows an unwillingness or inability to perform. The Fitzroy Legal Service notes two main types of breach:

1. Actual breach: when a party does not perform what they promised by the due date or within a reasonable time.
2. Anticipatory breach: when a party’s conduct demonstrates that they will not perform before the performance is due. For example, if a seller notifies the buyer that they cannot deliver goods before the delivery date, this is an anticipatory breach.

Contracts can also be breached by failing to meet quality standards, providing defective goods or services, or violating exclusivity clauses.

Remedies for Breach of Contract

When a breach occurs, the innocent party may seek remedies from the court. The main remedies include:

1. Damages: Compensation for the loss suffered. Damages are available for breaches of conditions, intermediate terms or warranties. Even if no loss is proven, nominal damages (for example, around $100) may be awarded.
2. Specific performance: A court order compelling the breaching party to perform the contract. This remedy is used when damages are inadequate, such as in contracts for the sale of unique property.
3. Termination: Ending the contract and releasing both parties from further obligations. Termination may be available if the contract includes a termination clause, the breach amounts to repudiation (showing an intention not to be bound), or if an essential term is breached.

The innocent party must also decide whether to affirm the contract (continue performance) or terminate it. Accepting performance after learning of the breach may waive the right to terminate.

Responding To a Breach

1. Identify the breach: Review the contract to confirm the obligations and whether a breach has occurred.
2. Communicate with the other party: Raise the issue in writing and allow an opportunity to rectify the breach.
3. Mitigate your loss: Take reasonable steps to reduce the loss suffered, such as seeking alternative suppliers or customers.
4. Document evidence: Keep records of communications, losses and attempts to resolve the issue.
5. Seek legal advice: A lawyer can advise on your options and the likelihood of success if you pursue legal action.

How Revolance Legal Can Help

Our breach of contract services include:

• Contract analysis: Determining whether a breach has occurred and advising on available remedies.
• Negotiation: Engaging with the other party to achieve a practical solution, such as renegotiation or settlement.
• Letters of demand: Drafting formal notices requiring performance or compensation.
• Litigation: Filing and defending breach of contract claims in court. We handle evidence gathering, pleadings and representation.
• Remedy enforcement: Enforcing judgments through damages, orders for specific performance or termination.

We take a strategic approach and provide clear, direct guidance to help you make informed decisions.

Frequently Asked Questions (FAQs)

Protect Your Rights When Contracts Fail

A breach of contract can have serious consequences, but you have options to protect your interests. Revolance Legal provides strategic and supportive guidance in contract disputes. Contact us on 02 9266 0688 or email [email protected] for advice.