At GED, we practice in many different areas that are of benefit to our clients. One of the more interesting areas has to do with contract disputes. These cases are often difficult and can be complex, even if the facts appear at first to be straightforward. Indeed, one of the first things to do when handling one of these cases is to gather the important facts that are associated with the contract and the potential breach.
One of the facts that needs to be considered in contract disputes is if the contract is enforceable. If there is a contract that is enforceable, has there been a breach of that contract by the other party? Regardless of whether one is being accused of breaching the contract or if you are in a contract with somebody who has done something wrong, our law firm will be able to represent you.
At times, the contract between individuals is simply an oral agreement. There are specific laws which govern these types of cases that must to be considered. As is the case with many areas of law, there are also going to be exceptions to the rules. That is also why it is important for careful research to be done before the case is handled, either in or out of a court of law. The diversity of the facts can make these cases quite complex and in most cases, there are going to be shades of gray in the details.
Sometimes, although the facts appear to be the same, the relevant legal claim may be different and it would be handled differently by a court. Included among those sort of claims is promissory estoppel, which is a type of claim that is associated with a promise and not a written contract. In many cases, the court will enforce the promise and, although it is not the same as a breach of contract, it can be very beneficial for the plaintiff.
There are also tort claims which are related to contractual relationships. In certain circumstances, the law does not permit intentional interference with contractual relationships. In
An example of an issue which often arises in the context of breach of contract disputes is arbitration. An arbitration clause that is included in the contract. This type of clause would disallow bringing the case before a jury of your peers but rather, it would be arbitrated. The arbitrator is typically a retired judge or somebody who would regularly decide such cases.
What Do You Want?
At some point in our discussion with the client and, after reviewing information about the case, we will need to find out what the client wants. At that point, we would have to turn to the client and ask them out right, “What is it that you hope to get out of this dispute?” This may be a difficult question, either because the client had not thought about the possibilities or because they are unsure of their options. There are a number of remedies which are available for contract disputes, including the following.
Damages – This is the most common remedy for a contract dispute and involves receiving some type of monetary award for the contract dispute.
Rescission – This remedy is associated with unwinding the deal, perhaps for many years since the problems began to occur. This may entitle you to get the money back that you have spent over the period of time up until the deal was unwound.
Injunction – And order that is given by the court which commands the guilty party to do something is known as an injunction. Injunctions often allow for the necessary results when monetary compensation will not be of help to the party.
Declaratory Judgment – This type of remedy is different in the fact that no legal action is required. The judge can simply offer the declaratory judgment, sometimes known as declaratory relief, as a statement which covers the present and future rights of both of the parties in the contract.