Types of Contract Breaches
When you have a contract with a contractor, employer, vendor, or any other party, you expect that everyone will abide by the contract and fulfill their obligations as outlined in the document. While most contracts are successfully completed without a hitch, sometimes incidents occur that can cause you to seek legal help.
Maybe your contractor didn’t perform work that was up to par. Perhaps your employer failed to pay you for all the hours you worked. In any case, a breach of contract can be frustrating. It can seem like a broken promise.
This is called a breach of contract and there are several ways in which one can occur. Read on to learn more.
Anticipatory Breach vs. Actual Breach
Most breaches of contract are either actual breaches or anticipatory breaches. An actual breach occurs when one person fails to fulfill their side of the bargain. They may miss the due date or not complete a job completely. An anticipatory breach is pretty much the same thing, except one party announces it ahead of time, in advance of the due date.
Both types of breaches waste money and time, and cause a lot of frustration for everyone involved. There are remedies available, but the breached party needs to take action in order to receive damages.
Minor Breach vs. Material Breach
A breach of contract can also be minor or material. A material breach is when one party ends up with something significantly different than what they expected. For example, if you sign a contract to get a sports car and the dealership gives you a minivan instead, that is a major issue and would be considered a material breach.
A minor breach means that part of the contract was not properly fulfilled, but it can be a big deal, too. If a contract asks for a specific paint color for a house and you get the wrong shade (but it’s barely noticeable), then that might be considered a minor breach. So would being one day late on a deliverable, such as a blog or other document.
For a breach of contract, a victim might be able to get monetary compensation. They will likely receive expectation damages, which means they will be compensated for what they expected to get out of the contract. For example, if you failed to get paid by your employer, you could file a claim and receive this money, as well as any compensation for legal costs. Any other losses you experience could also be compensated.
Learn More About Business Contracts
If you are dealing with a customer, vendor, or other third party, make sure you have a contract in place. The tricky part, though, is making sure everyone abides by the contract.
Orlando business contracts lawyer B.F. Godfrey from Godfrey Legal can help you create a solid contract as well as deal with any breaches. Schedule a consultation by filling out the online form or calling (407) 890-0023.