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Conroe Business Law Attorneys & Spring Business Attorneys of Smith & Garg

Breach of Contract

When two parties enter into a contract together, they have agreed to perform certain duties or accept certain responsibilities as spelled out in the contract. If one of the parties fails to live up to the agreement, that party may be held responsible for damages. The failure to perform as agreed breaches the agreement or contract.

Proving breach of contract can be very complex. If the party breaching the contract can show that the other party made it impossible to perform the duties then the case may be determined as not breached. If one party is found to have breached the contract, the other party may be relieved of their responsibilities that are spelled out in the contract.

When dealing with breach of contract cases, it can take quite a lot of time to go through the history of the parties involved and determine if breaching happened and who initiated the breach. Accused parties will try to defend themselves with facts and the accusing party will try to support their claims with facts. The documentation involved, especially the disputed contract, is critical in determining if there has been a breach.

There are four main types of breaches: minor breach, material breach, fundamental breach and anticipatory breach. A minor breach, sometimes called an immaterial or partial breach, is when a contract has technically been breached but there are no real damages. A material breach is when a contract is violated in such a way that there are real damages. A fundamental breach, sometimes called a repudiatory breach, is a breach so egregious that it causes the non-breaching party to terminate the contract. This type of breach is usually grounds for suing for damages. An anticipatory breach is when a breach is solidly imminent. When there is a clear and indisputable indication that the other party will be unable to perform as agreed, the non-breaching party may be able to cancel the contract and sue for damages.

This type of law is so complicated that the courts use special language in judgments to be clearer. This type of law is a special area both within civil or tort law and within business law. When dealing with the business type of contract breaching, you will need an attorney that also specializes in business law. Smith and Garg have the needed expertise to handle these types of legal disputes.

Breach of contract disputes, like other types of legal problems, are best handled through careful prevention. Drafting a solid contract in the beginning that clearly states each party's responsibilities may prevent future headaches. Smith and Garg also provide contract drafting services.

The Spring Attorneys at Smith & Garg will meet and consult with each client individually, discuss their business strategies, and arrive at a solution that best suits their needs. If you need a skilled business attorney, you owe it to yourself and to your business to consult with attorneys who have your best interests as their top priority. The Smith & Garg attorneys proudly serve all of North Houston and are simple a phone call away.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.