Fundamental Breach of Contract
Atlanta Business Litigation Attorneys
If you are a business owner, you already know how important a well-drafted
contract can be for the overall health and profitability of your company.
More importantly, you need to be confident that all concerned parties
are following the contract accordingly, respecting it at all times and
doing nothing to
People and parties that may be controlled by a business contract include:
When a contract breach so severe occurs that it not only permits the distressed
party to terminate the contract prematurely but also allows them to sue
for damages, it is known as a fundamental breach of contract. At Buckley
Beal LLP, our business lawyers in Atlanta can react quickly to any fundamental
breach that may be jeopardizing your business, company, or corporation,
whether you are a small, local entity or one with connections across international
borders. By taking the initiative and retaining legal advocacy, you reduce
the chances of a fundamental breach causing further harm to you and your
business, and may even be able to repair the damage that has been done.
Qualifications and accolades our team has attained and achieved include:
85+ years of combined legal experience
One of Best Lawyers “Best Law Firms” (2015 –
AV® Preeminent™ Rating by Martindale-Hubbell® (Attorneys
Beal and Kramer)
Keep your business’s bottom-line protected.
Contact us today.
Key Elements of a Fundamental Breach Case
Accusing someone, or being accused yourself, of a fundamental contract
breach is a serious legal situation. The ramifications of an actual breach
may be massive, affecting all aspects of your business. Before you are
involved heavily in discussions or litigation, you will want to verify
that the main three key elements of a fundamental contract breach actually do exist.
Our attorneys can
review your contract to see if the following elements do exist:
Validity: Only a valid contract, whether it is oral or written, can be breached.
Contracts are valid if they include a clear offer, the acceptance of that
offer by all parties, and the mention of consideration, or what each party
will give in exchange for the goods or services of the other.
Breach: If the contract is valid, the breach must be tangible enough to be noticeable.
Different forms of breaches include
material, anticipatory, and fundamental, with a fundamental causing significant harm.
Damages: Actual harm must be a result of the breach and you must be prepared to
prove the harm exists. Financial damages are clear examples of monetary
harm but loss of reputation or partnerships can be cited when seeking
Example of a Fundamental Contract Breach
If your business is the distressing party in a
contract dispute, any breach may feel like a fundamental breach of contract. For your case
to be successful, it is important to pursue legal options under the notion
that a fundamental breach has caused
significant and noticeable harm and hardship. If the breach can be described as anything less, you may lose an advantage
in any resulting negotiations or lawsuits.
An example of a fundamental breach of contract:
Your company agrees to purchase shipments of a particular product from
a vendor for sale at your retail locations. Each month you are to be provided
another shipment to keep supplies on your shelves but all shipments are
paid for upfront. After several months, the vendor suddenly stops sending
you shipments, you can no longer sell the products, and you have lost
money on missed sales opportunities. The breach of contract would be fundamental
because you already paid for missing shipments, the shipments did not
arrive, and your business lost profits and reputation. Any lawsuit you
file could cite damages for at least these three forms of losses.
Georgia’s Elite Business Lawyers & Legal Team — (404) 471-3725
Buckley Beal LLP is entirely committed to giving our clients service delivered
with unrivaled excellence and responsiveness. Our Atlanta business attorneys
take each case we handle personally, valuing your own priorities as if
they were our own. We also make every effort to get to know you and your
business’s goals so we can help you meet them with as little difficulty
Get help with your fundamental contract breach case today and
request a consultation.