How to take legal action for a player contract breach

How to take legal action for a player contract breach

In a perfect world, business contracts would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise. But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a written contract from being carried out and one party ends up suing the other. The following is a discussion of the legal concept of "breach of contract" and an overview of your legal options should such a breach occur.

What Is a Breach of Contract?

A business contract creates certain obligations that are to be fulfilled by the parties who entered into the agreement. Legally, one party’s failure to fulfill any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all. Accordingly, a breach of contract will usually be categorized as either a "material breach" or an "immaterial breach" for purposes of determining the appropriate legal solution or "remedy" for the breach.

Breach of Contract Case: An Example

Let’s assume that R. Runner contracts with Acme Anvils for the purchase of some of its products, for delivery by the following Monday evening. If Acme delivers the Anvils to Runner on the following Tuesday morning, its breach of the contract would likely be deemed immaterial, and R. Runner would likely not be entitled to money damages (unless he could show that he was somehow damaged by the late delivery).

However, assume now that the contract stated clearly and explicitly that "time is of the essence" and the anvils MUST be delivered on Monday. If Acme delivers after Monday, its breach of contract would likely be deemed "material," and R. Runner’s damages would be presumed, making Acme’s liability for the breach more severe, and likely relieving Runner of the duty to pay for the anvils under the contract.

Can I Sue for Breach of Contract?

When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach.

If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to resolve the issue in small claims court.

Courts and formal breach of contract lawsuits are not the only options for people and businesses involved in contract disputes. The parties can agree to have a mediator review a contract dispute or may agree to binding arbitration of a contract dispute. These out-of-court options are two methods of "alternative dispute resolution" that can take place as alternatives to business litigation.

Remedies for a Breach of Contract

When an individual or business breaches a contract, the other party to the agreement is entitled to relief (or a "remedy") under the law. The main remedies for a breach of contract are:

  1. Damages,
  2. Specific Performance
  3. Cancellation and Restitution

Damages

The payment of damages — payment in one form or another — is the most common remedy for a breach of contract. There are many kinds of damages, including the following:

  1. Compensatory damagesaim to put the non-breaching party in the position that they would have been in if the breach had not occurred.
  2. Punitive damagesare payments that the breaching party must make, above and beyond the point that would fully compensate the non-breaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts, and are rarely awarded in the business contracts setting.
  3. Nominal damagesare token damages (small amount of damages) awarded when a breach occurred, but no actual money loss to the non-breaching party was proven.
  4. Liquidated damagesare specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached. Liquidated damages should be a reasonable estimate of actual damages that might result from a breach.

Specific Performance

If damages are inadequate as a legal remedy, the non-breaching party may seek an alternative remedy called specific performance. Specific performance is best described as the breaching party’s court-ordered performance of duty under the contract.

Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been in had the breach not occurred.

Cancellation and Restitution

A non-breaching party may cancel the contract and decide to sue for restitution if the non-breaching party has given a benefit to the breaching party.

"Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement.

Get Legal Help with Your Breach of Contract Dispute

If you’ve been named in a breach of contract lawsuit or believe another party has failed to honor its contractual obligations to your company, quite a bit may be at stake. Before deciding on how to proceed with your business dispute, it’s advisable to first consult with an experienced small business attorney near you to discuss your options. Your business lawyer can counsel you on the pros and cons of filing a breach of contract suit and weigh the other options.

Every business forms internal and external contracts right from the start of its journey. Every contract is different owing to its unique contract drafting requisites and the number of parties involved in the contract explains a top provider of contract management services. It is imperative for every party to comply with the terms and conditions mentioned in the contract until the contract reaches maturity.

However, a lot of times, one or more parties break the contract rules, which leads to a breach of contract. So, let’s get started and figure out what exactly is it and what all steps should one take when faced with such a challenge.

Defining a Contract Breach

A contract breach can be defined as any activity which violates the agreed-upon terms and conditions which are mentioned in a contract. This activity can be anything; from failing to deliver a good, which was promised within a specific period of time to paying late against the availed services or products consumed.

A legal contract holds immense importance in the eyes of a court, and if the suffering party is able to prove the other party guilty, legal action is taken against the rule-breaker, resulting in a penalty in the form of compensation, as mentioned in the contract.

Types of a Contract Breach

Every contract breach is different in terms of its severity and complexity. However, some of the most common contract breaches are listed below, which can be related to any type of contract in any part of the world:

1. A Minor Contract Breach: A partial or minor contract breach can be defined as an act that is not intended for any wrongful doing but is not mentioned in the contract.

For example, using a different method to carry out a specific activity like an electrician using a different brand with similar wiring quality, which is not listed in the contract.

2. A Material Contract Breach: A material contract breach can be defined as an activity whose consequences create a significant impact on the other party and the project involved. It is something if the other party had known in advance, it would have never approved and got into a contract.

For example, using a low-quality substitute of a raw or finished product like a builder using low-quality cement instead of a high-quality one as promised in the contract.

3. A Fundamental Contract Breach: A fundamental contract breach can be defined as an activity that results in significant losses to the other party, leading to suing the other party or termination of a contract instead of damage claims.
For example, a delivery service failing to turn up and deliver the product to the customer, resulting in money and reputation loss to the original manufacturer.

4. An Anticipatory Contract Breach: An anticipatory contract breach can be defined as an activity where one party directly communicates with the other party that it will not keep compliance in the future with the terms and conditions mentioned in the contract.

For example, promising online promotion after the final product is made and simply denying the same when the time arrives.

Before a Legal Action

Before availing any expert legal support services, you must be able to prove the following:

• Existence of a Contract: This includes having a copy of the contract in place or some witnesses in front of whom the contract was formed.

• Other Party’s Fault: This includes having proof of breaking the terms and conditions discussed while forming the contract.

• Loss Suffering: This includes having proof of the damages, which incurred as a result of a contract breach by the other party.

The Before Action Letter

This is the first step towards dealing with a contract breach. Before taking legal action, you should write a ‘before action letter’ in the hope of a quick resolution before taking any kind of legal action. The letter should include the following:

• Contract Breach Details: Include the details of the contract, specifying the terms and conditions, and the activity, which led to a contract breach.

• Interest Claim: Include the interest claim in the form of damages against the breach, which are mentioned in the contract.

• Legal Action Time: As per the Civil Procedure Rules, 14-day time should be given to the other party to resolve the matter outside the court.

During a Legal Action

When the other party does not respond within 14-days, the next step is to start preparing for the legal action, which includes taking care of the following:

• Verify whether your claim is a commercial or small claim in your state.

• If your state permits, you may file commercial claims without appointing a business attorney, with a few limitations.

• Take care of the Statute of Limitations, which includes the deadline for taking legal action, since post the deadline, filing the lawsuit might get dismissed.

• Make sure all the communication taking place between you and the other party is covered in a letter or e-mail for written proof of the lawsuit intimation.

After the Legal Action

After the legal action has been taken and successfully executed, make sure the contract breach remedy satisfies you in every sphere, which may include one, some, or all of the following:

• Legal Attorney’s Fees: This includes paying lawyer his/her fees by the party which loses the lawsuit if contract terms or the law allows.

• Liquidated Damages: This includes the amount of all the damages as mentioned in the contract and agreed upon by both parties.

• Consequential Damages: This includes getting additional economic loss amount that was easily foreseeable.

• Nominal Damages: This includes a token or minimal damages’ amount in case of a minor breach.

• Compensatory Damages: This includes getting the entire economic loss amount due to a contract breach.

Conclusion
This brings us to the conclusion that a contract breach results in taking a legal action eventually if one of the parties involved fails to keep compliance with the terms and conditions mentioned in the contract. In any case, hiring a professional attorney is recommended greatly, right from sending out ‘the before action letter’ to filing a lawsuit due to the legal expertise such professionals hold.

Are you looking for expert assistance for legal contract drafting, review and management? Join hands with Cogneesol’s highly dedicated legal team of skilled and experienced professionals who will provide you with unmatched results at affordable rates.

If you’ve received a notice of breach of contract sometimes called a demand letter, it means someone believes you’re not living up to your end of a bargain. A breach of contract occurs when one party to a contract doesn’t fulfill any term of a contract, without a lawful excuse. Contract breaches can be troublesome for both small businesses and individuals. Receiving a notice of breach of contract opens up a legal battle that can be stressful, time-consuming, and costly.

Types of Breaches

Breach of contract disputes are very common because they can impact so many different aspects of businesses and there are multiple types of breaches. A breach can be minor or major depending on how crucial the provision that was breached was to the contract as a whole. A breach may also be anticipatory, which means that a party may not actually have breached a contract yet, but acts in such a way as to make the other party believe he intends to breach the contract. The defenses and remedies available for a breach of contract dispute depend on the type of breach that has occurred.

Common examples of breach of contract include a failure to provide goods or services on time or in full, non-payment for goods or services, providing defective goods or services, or breach of warranties of a contract.

How to Respond to a Demand Letter

The best course of action after receiving a notice of breach of contract, or a demand letter, is to contact an experienced attorney knowledgeable about contract disputes. Contract disputes can be complex and attempting to tackle such an endeavor on your own could result in serious negative results. Instead, seek out an attorney who knows the law, knows the local court rules, and knows the best way to respond to such letters to allow for the highest possibility of success.

It’s best to contact an attorney as soon as possible to ensure no deadlines are missed and to figure out what needs to be done right from the beginning. An attorney will need to review the contract itself, as well as other documentation and correspondence with the other parties. It’s important to provide as much truthful information as possible to ensure that the attorney is working with all of the facts when determining the best legal strategy.

Call General Counsel PC Today

If you have been accused of breach of contract and live or work in the Fairfax, Loudoun, Arlington, Prince William, or anywhere in Virginia, attorneys at General Counsel PC can provide you with the knowledge and assistance necessary to determine the next steps in preserving your legal rights. Our attorneys are specialized in labor and employment law, business law, and litigation and have the experience necessary to help you through these legal hurdles. Knowing your rights and options can help ease some of the burden of dealing with breach of contract disputes. Call General Counsel PC at 703-436-9838 today to see how we can help you.

How to take legal action for a player contract breach

Factors such as excessive transfer spending and the global financial crisis have led to the issue of unpaid wages in football becoming increasingly common around the world.

The issue is particularly bad in countries that have been hit hardest by the current financial climate such as Spain where around 300 players in the Primera and Segunda División were not paid by their clubs in 2012 1 . Not all professional players are highly paid and so any delay in payment of wages can have a significant impact on their lives. Also, the more players left unpaid and struggling financially can increase the likelihood of corrupt practices such as match fixing. FIFPro, the World Footballers’ Association, is deeply concerned by this problem and has repeatedly emphasised the need for tighter regulations relating to unpaid wages. FIFA president, Sepp Blatter, has also gone on record saying he finds it “unacceptable that footballers aren’t paid.” 2

Generally, players finally receive outstanding payments after involving the players’ union or by making a formal complaint to the relevant league or national association. Occasionally, more drastic action has been taken through the use of player strikes or protests, the most notable being Racing Santander’s players refusing to play their Copa Del Rey quarter-final second-leg tie against Real Sociedad in January 2014 3 because they had not been paid for four months. However, such steps are not always successful, suitable or possible and sometimes a player has no option but to take legal action.

Just Cause

Besides bringing a contractual claim for unpaid wages, the ultimate legal action a player can take is to argue that he is entitled to terminate his contract so he can then sign for another club. Article 13 of FIFA’s Regulations on the Status and Transfer of Players (“the RSTP”) provides that a contract between a player and a club can only be terminated on expiry of the term of the contract or by mutual agreement.However, Article 14 of the RSTP allows for a contract to be terminated without any consequences “where there is just cause.”

Just cause is not defined by the RSTP however the commentary on the RSTP explains

The breach of contract must, therefore, be sufficiently serious to justify termination of the contract.

Non-payment of wages can constitute just cause for termination of the contract given that a club’s obligation to pay a player’s wages is its main obligation as an employer and if this obligation is breached, it can cause the employee’s confidence in the employer to perform the terms of the contract to be lost 6 . It is common for the parties to agree when the player is entitled to terminate his contract by stipulating this in the contract. For instance, in the standard Premier League contract 7 , the player is entitled to terminate his contract if the club has failed to pay any remuneration due to the player within fourteen days from the date on which the player has provided notice to terminate the contract. In the absence of such a clause, jurisprudence from the Court of Arbitration for Sport (“the CAS”), see below, confirms that a player must satisfy two conditions in order to prove that he had just cause to terminate the contract as a result of unpaid wages.

A contract is a promise or an agreement between two or more parties that is legally binding.

This promise can either be made expressly in writing or implied, which means it was communicated orally or by conduct.

A contract arises when an offer is made to one party, which is then accepted by another.

There must be a clear intention on both sides to be bound by the terms of the agreement.

A promise does not become a legally binding contract unless the following three elements exist:

  1. An agreement – which is created by the offer and acceptance of specific terms or obligations;
  2. An intention to create legal relations and form an agreement which is enforceable by law and;
  3. Consideration – where one party promises to do something in return for receiving a right, interest or benefit promised by the other party.

An everyday example of consideration in action is when money is exchanged for goods between a customer and a retailer. Consideration is what gives value and weight to the contract.

What constitutes a breach of contract?

A breach of contract occurs when one party to the agreement fails to fulfil an obligation or breaks the ‘Terms and Conditions’ as set out in that agreement.

A breach of contract can occur in various ways, for example, if Party A fails to pay for goods or services provided by Party B, or Party B fails to provide those goods and services to an acceptable standard.

How do I sue someone for breach of contract?

Suing someone for breach of contract is not always straightforward and, in order to do so, you must first overcome a series of legal hurdles to prove a breach of contract.

1. The existence of a contract

The first hurdle in proving breach of contract is to show that a legally binding agreement existed in the first place.

It is at this point that contracts formed verbally tend to become a problem when arguing breach of contract. Having no written evidence of the agreement makes it tricky to show conclusively that one existed.

In order to protect your rights and interests, it is always important to ensure that, where practicable, any contract you enter into is recorded in writing: letters and emails can be useful evidence when proving the existence of a contract.

2. That the contract was breached

Once you have shown that a legally binding contract existed, the next obstacle is to prove that an agreement has subsequently been broken and the party in breach of the agreement failed to fulfil their obligations satisfactorily. In order to do this, there must be clear evidence of what the other parties’ obligations were under the agreement, for example, the Terms and Conditions, and proof that those obligations were not performed or not performed well.

3. Loss was suffered was a direct consequence of the breach of contract

The third and final hurdle in proving breach of contract is probably the most significant and yet the most onerous to overcome.

As the injured party, you must show that, as a result of the breach, you suffered a loss and deserve to be compensated (awarded ‘damages’) for that loss. Any loss you have suffered must have been a direct consequence of the breach of contract.

It is important to be aware of what a Court will take into consideration when deciding whether damages should be awarded following a breach of contract and, if so, how much:

  • Was the loss suffered caused by the breach of contract? This is a hypothetical question which asks, what position would the injured party have been in if the breach had not occurred?
  • Has there been a mitigation of loss? In other words, has the injured party taken reasonable steps to attempt to reduce or limit the loss they have suffered?
  • Is the damage supposedly caused by the breach too remote? This question asks whether the loss that has been suffered was reasonably foreseeable by both parties at the time the contract was made. In other words, is the loss a direct consequence of the breach of contract?

It is important to bear in mind that, even if you manage to convince the Court that you have suffered a loss as a direct result of a breach of contract, assessing and then quantifying those losses can be a complex and difficult task.

What are the legal remedies for breach of contract?

If you manage to overcome the hurdles as set out above, you may be entitled to receive monetary damages for the breach of contract. The general intention of awarding damages is to place the injured party in the same position they would have been had there not been a breach of contract.

There are also other alternative remedies which the Court may see fit to award following a breach of contract. For example, the Court may make an order for an injunction where the party in breach must either remedy the breach of contract or refrain from causing further damage.

Alternatively, the Court could make an order of specific performance whereby the party in breach must fulfil a particular term of the contract which they previously failed to do.

Should I sue for breach of contract?

When someone breaks their promise to you and disregards their legal, and sometimes moral obligations, it can leave you feeling let down, deceived and can be difficult to accept.

However, before launching into a claim for breach of contract it is important to assess the merits of your claim, evaluate how much it is worth and consider whether pursuing a claim on principle is a reasonable and cost-effective response.

Another aspect to consider is the relationships between the contracting parties. It may be that maintaining good relations between the parties, for example, local businesses who rely on each other’s good will, is a priority. If this is the case, then you may wish to explore alternative methods of negotiation before resorting to legal proceedings for a breach of contract.

Litigation can often be expensive, distressing and time consuming and may end up costing you more than you lost as a result of the breach of contract.

For more information on breach of contract contact Sadie Cuthbert here.

Article Info

  • 23rd February 2018
  • Matt Shearing
  • Commercial Client, Commercial Dispute Resolution, Construction, Corporate Law, Lawyers for Business, Legal Services in Newcastle, Penrith, Personal Disputes, Small Business / New Business, West Cumbria

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How to take legal action for a player contract breach

By definition, a contract is a legal obligation for each relevant party to fulfill the terms of agreement. It provides structure for many business deals, and typically it is beneficial for everyone involved.

Each contract in Arizona must include an offer, an acceptance and a consideration (value of money, time, etc.), and can be written or verbal. The Statute of Frauds. A.R.S. §44-101 outlines the types of contracts that must be in writing to be legally enforceable. Furthermore, only legal adults who are not mentally incapacitated or impaired by drugs or alcohol can enter into a contract.

There are many laws surrounding creations of contracts in Arizona, but residents should be aware of what happens if a party does not hold up their end of the deal. This is what you need to know about Arizona breach of contract laws, some common examples and breach of contract remedies if a party breaches a contract.

What is a Breach of Contract in Arizona?

At the highest level, a business contract details the obligations that are to be fulfilled by the parties who entered into the agreement. Legally, a breach of contract occurs when any party involved fails to fulfill part or all of the set contractual obligations.

There are three types of breach of contract in Arizona:

  • Material: One party does not fulfill their part of the contract
  • Partial: One party does not fulfill part of the contract (but can fulfill the rest of it)
  • Anticipatory: One party forecasts the other’s inability to fulfill their part of the contract

Whether in whole or in part, a breach of contract refers to any deviation from the legal agreement and always has the following components.

Components of a Breached Contract

To prove a breach of contract, you will want to show at least four things:

  1. Validity of contract entered into by someone legally allowed to do so and in writing, if required.
  2. Reasonable effort made by the party claiming a breach to fulfill their part of the contract, even in the face of resistance or difficulty from the defendant.
  3. Failure of defendant to fulfill obligations as outlined by the contract.
  4. Losses suffered by the party claiming breach because of the breach of contract.

The more elements you can show to prove there was a breach of contract, the easier it will be to prove your case.

What to do when a Contract has been Breached

When a breach of contract occurs or is alleged, the parties involved can choose between enforcing the contract or resolving the losses suffered due to the (alleged) breach.

The parties can first attempt to achieve an informal resolution, but if the dispute over their contract continues, the most common next step is a lawsuit. If the losses suffered are monetary and below $3,500, the parties may be able to resolve the issue in small claims court or justice court.

People and businesses involved in contract disputes do not necessarily have to involve courts or draft formal lawsuits. The parties can agree to pursue mediation or binding arbitration, which are both options that keep the case out of court.

Remedies for Breach of Contract

When one party breaches a contract, the other is entitled to a remedy under the law. A breach of contract is typically remedied through one of the following: damages, specific performance and/or cancellation.

Damages are the most common remedies for breach of a contract and span a few different types. Compensatory damages put the party with losses back in the position they were in before the breach occurred. Punitive damages – designed to punish the defendant – are generally not recoverable in a breach of contract action unless there is evidence that the wrongdoer engaged in particularly malicious conduct. Liquidated damages may be recoverable if the contract provides for them.

Specific performance is best described as the breaching party’s court-ordered fulfillment of the original contract and is the remedy chosen in unique situations where damages will not suffice. A particular situation warranting specific performance is the purchase of real estate – as real estate is considered legally unique.

Cancellation and rescission is the remedy that describes when the non-breaching party is put back in the position it was in prior to the breach, and, the contract is voided/cancelled. This relieves all parties of their obligations while also making amends.

How to Handle Breach of Contract in Arizona

When the other party in your contract hasn’t fulfilled their obligations, start by determining the facts. If the contract was written, keep a copy on hand for reference. If it was verbal, try to find a record of the agreement. Your attorney will need to verify that a valid contract existed, that it was broken, that there were damages of some sort and that the breaching party was responsible for them.

You can then reach out to the party that breached the contract to try an out-of-court alternative resolution option. If there is a delay after the initial phone call or face-to-face conversation, follow-up with a written request and then involve the highest authority in the other party’s realm, if applicable.

It is wise to seek legal counsel whether or not you anticipate a lawsuit, as an attorney will be well versed in the process of breach of contract and will help you recover losses suffered.

Find an Experienced Real Estate Attorney

The attorneys at MacQueen & Gottlieb can provide diligent contract review for all your current agreements and can recover losses caused by breach of contract. Our firm has extensive experience with all types of contracts in Arizona. Contact us today at 602-726-2229 to schedule an initial consultation or make an appointment online.

How to take legal action for a player contract breach

A contract is a promise or an agreement between two or more parties. A party is a person or a group of people that form one entity. Therefore, an agreement or a promise can be made between individuals, businesses or a combination of the two.

When is a contract legally binding?

A contract exists when an offer is made by a party which is accepted by another party. This offer and acceptance can be expressed in writing, orally or can be implied. An implied agreement exists without written or verbal communication being necessary. The implied contract is created from the actions, conduct, or circumstances of one or more parties in an agreement.

The three key elements to a contract

Agreement

An agreement must consist of an offer and an acceptance of that offer. An offer is a statement of terms. The person making the offer will be contractually bound to the terms. The acceptance of the offer needs to be unconditional. If there are any negotiations, these will be treated as counter offers and will not be counted as an acceptance. The acceptance of the offer must be communicated unless the acceptance was intended by way of conduct. For example, purchasing a product. Within the agreement and consent to enter the contract, the party agreeing to the offer/promise must be able to do so freely. For example, there must not be any coercion, force, fraud, undue influence, or misrepresentation.

Intention

It must be clear that the intention of all the parties is to enter into a contractually and legally binding agreement. In business, there is a higher level of assumption that the parties had the intention of creating a legally binding contract. Whereas in contracts formed out of personal agreements between two individual parties, the assumption is far lower.

Consideration

The contract has to be based on the exchange of “something”, that “something” is the consideration. Otherwise, this would be classed as a gift. The Consideration has to have some value in the eyes of the law.

What is a breach of contract?

A breach of contract occurs when one or more of the parties fails to perform their duties as stipulated within that contract. This can also be in the form of failing to abide by the ‘terms and conditions’ of a contract.

What are the damages for a breach of contract?

When assessing damages in cases of breach of contract, the intention is to place the injured party back to the position they would have been in, if the breach had not occurred. Alternatively one may seek an order of specific performance. An order of specific performance is when a party is ordered by the court to fulfil their duty as defined within the term or terms of the contract.

How to remedy a Breach of Contract

If you are looking to remedy a breach of contact it is very important to assess the merits of your case.

Existence of the contract

The first thing is to ensure that there is a contract in the first place by assessing the three key elements to the contract. If you have made a verbal contract with another this can be potentially difficult to establish.

Proof that the contract has been breached

Following this, you will then need to establish that the contract has been breached. You will need to be able to show in evidence what the other parties obligations were under the terms of the agreement. You will then need to show in evidence that those obligations were not performed either at all or to a satisfactory quality.

Proof that the breach of contract damaged the injured party

As the injured party, you must prove the amount of loss. You must also show the loss was as a result of the breach of contract or in other words reasonably foreseeable. Finally, you must be able to show the court that you have mitigated your losses. This means that you must limit the amount of damages where possible.

Quantifying your case can be a difficult task in itself and may require an expert to assess the level of damages. This cost will need to be considered when you evaluate the merits of taking your case further and whether the costs to pursue the case outweigh the losses to be recovered.

Are court proceedings the best way forward?

The next assessment is whether taking legal action will be detrimental to the relationship you have with the party in breach. If you have an ongoing relationship with a party who has breached a contract it may be best to seek further negotiations before commencing court proceedings.

Funding your case

There are many different ways in which your case can be funded and it is always useful to explore such methods with one of our experts.

The last and arguably the most crucial aspect is to assess whether the costs of court proceeding will outweigh the damages that can be recovered from the other party.

If you would like to enquire about a breach of contract issue with one of our litigation experts please see our civil litigation page. If you wish to enquire about an employment contract please go to our employment law page

Nothing in this article constitutes legal advice on which you should rely. The article is provided for general information purposes only. Professional legal advice should always be sought before taking any action relating to or relying on the content of this article. Our Platform Terms of Use apply to this article.

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