Contracts are inherently a two-way street. You do this action for a benefit provided by the other party, and vice versa. It sounds pretty simple but things can quickly become complicated when the other party decides they want out early by breaching the contract, or if a third party interferes for their own gain. The ramifications of such actions can be immediate, damaging the profits of your business, draining your finances, or even hurting your reputation. In order to recover losses and save your name, you might have to take the party that breached the contract to court through business law litigation.
How to Make Your Case After a Contract is Breached
Before you get too far into your breach of contract case and start dealing with stacks of paperwork and legalities, get in touch with a trustworthy lawyer. If you live in Georgia, you can call 404.913.7415 to speak to Buckley Beal LLP and our team of Atlanta business litigation attorneys. Our goal is to help you through this process, from start to finish, to ensure that nothing is overlooked and that your rights are never ignored.
Once the services of a business law attorney are retained, you should follow these steps:
- Prove the contract exists: If the contract was written and signed, this first step could be fairly easy. However, even oral contracts can be proven to be valid through careful analysis and other forms of evidence, such as e-mail correspondences or recordings regarding the agreement.
- Show your duties were upheld: If you have not upheld your own end of the contract, it is unlikely you will be able to seek any recoveries for damages caused by the other party’s breach. If you have, however, you will need to show that you have abided to the contract just as it has been outlined.
Establish the actual breach: Depending on your situation, you may have to either show what was or
wasn’t done that led to the contract’s breach. As contacts are fairly defined in the terms they create, there are many ways it could be violated. Work with your attorney to come up with as many examples of the breach as you can; in business litigation law, regarding contracts, you can present as many claims as you want for just one lawsuit.
- Demonstrate the damages: A breach that does not create any significant changes to your livelihood or finances might not be considered an issue to a judge. You will need to be able to prove that you were harmed or seriously inconvenienced in some way due to the other party’s actions, or lack thereof.
As mentioned before, contracts are relatively complex just by nature, so proceeding with your case alone can be a tricky proposition. It is better to work with a professional that is aware of all the ins and outs of business contracts and let them take the reins of your case. If you want to take legal action before any more harm is done to you and your business through an unjust contract breach, contact our Atlanta business litigation lawyers today.