The Law Office of Alan Pritchard, PLLC
Attorney at Law · 901-249-8748
Practice Areas Business and Commercial Disputes Breach of Contract Cases Commercial Debt Collection Construction Law/Mechanics' & Materialmens' Liens Landlord/Tenant Law Closely Held or Family Owned Corporations and Shareholders Rights Rule 31 Listed Mediator Fair Debt Collection Practices Act Counseling and Litigation
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Breach of Contract Cases

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A breach of contract occurs when one party to an agreement fails to perform or inadequately performs its obligations under the terms of the agreement.  There are a variety of remedies to which the non-breaching party may be entitled depending on the terms of the contract and the facts of the case.   Mr. Pritchard will work for his clients to find the best possible resolution to their issues whether they are the victims of a breach or accused of committing a breach.

One initial remedy for the non-breaching party is the rewarding of money damages which are designed to compensate the party for the value of the lost bargain.  In addition to compensatory damages, the non-breaching party may also be entitled to consequential damages which are additional damages that the breaching party may know the non-breaching party will suffer as a result of the breaching party's failure to properly or fully perform.  In the event of a breach, the performing party may not sit idly by and allow the amount of damages to accumulate.  The non-breaching party must make a good faith effort to mitigate, or reduce, its damages.  Additionally, the non-breaching party is only entitled to recover its actual damages, as the court will not award damages which are speculative. 

Another remedy that may be available to the non-breaching party is to have the contract rescinded.  In this situation, each of the parties is placed back into the same position they were in prior to the agreement.

In situations in which the contract involves the sale of land or the performance of personal services by one of the parties, the non-breaching party may be entitled to the remedy of specific performance.  In such instance, the non-breaching party will be required to perform its obligations under the contract.  In order to be entitled to obtain specific performance, the subject of the contract must be unique such that monetary damages will not adequately compensate the aggrieved party.

If the parties intended to enter into a contract, but imperfectly expressed the terms of their agreement, the court may reform the written contract to properly reflect the agreement intended by the parties. 

The appropriate remedy to which a non-breaching party may be entitled depends on the specific terms of the contract and the facts of the case.  Mr. Pritchard has the experience to analyze your contract and the facts of your case to recommend the appropriate course of action to protect your rights and interests whether you have been the victim of a breach or have been accused of breaching a contract.