Contract Law
A breach of contract can cost you money, time, and your business. Know what you're entitled to — and get an attorney to fight for it.
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A breach occurs when one party fails to perform its obligations under a valid, binding contract without legal excuse. Breaches range from material (so significant they defeat the purpose of the contract) to minor (technical violations that still entitle the non-breaching party to damages). A material breach allows the injured party to stop performance and sue for full damages. To establish breach, you must show: (1) a valid contract existed with offer, acceptance, and consideration; (2) you performed your obligations; (3) the other party failed to perform; and (4) you suffered damages as a result.
Contract damages are designed to put you in the position you would have been in had the contract been performed. Expectation damages compensate for lost profits and the benefit of your bargain. Consequential damages cover foreseeable downstream losses caused by the breach — lost business opportunities, costs to find replacement performance. Incidental damages cover costs directly incurred managing the breach. Some contracts include liquidated damages clauses specifying a pre-agreed remedy. Specific performance (court order to perform the contract) is available when money damages are inadequate — most commonly for unique property or irreplaceable goods.
Time limits for contract claims vary by state and contract type: written contracts typically carry 4–6 year statutes of limitations; oral contracts often 2–4 years. Some contracts include shorter contractual limitations periods that courts enforce. Evidence degrades over time — emails, texts, invoices, and witness memories become harder to marshal. Many contracts require written notice of breach before you can sue. An attorney identifies these procedural requirements and ensures you don't forfeit claims through delay or failure to provide required notices.
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