Breach of Contract Cases
However, even contracts entered into in good faith may be broken. What is more, the two parties may have vastly different opinions as to whether or not the contract was broken, whether some or all of the terms were valid, and who should be the party held to blame. When this happens, especially when one of the parties has suffered a financial loss, the contract is often taken to court.
That’s where a contract lawyer can help. With decades of experience dealing with contract law, David Keesling has proven to be a formidable defender for his clients. Because contract law is based on common law – an amalgamation of decisions made by the courts, instead of decreed by the state – there is no replacement for knowledge of legal precedents and experience in court defense.
What Is a Breach of Contract?
A breach of contract occurs when one or both of the parties fail to perform some good or service according to the details outlined in the contract. Note that a contract does not have to conform to any specific standards nor be written by an attorney to be binding, provided that both parties were competent to sign it (e.g. they were both of sound mind and above the age of majority) and were not coerced, but signed willingly.
Examples of a breach of contract include missing an important deadline, failing to deliver the goods or services promised, failing to pay the agreed-upon sum, or providing a good or service that did not work as guaranteed.
Warranties are specific examples of contracts that can be broken if the item delivered proves over time to not meet the standards guaranteed in the document. Each contract is different, and any deviation from the agreed-upon terms may constitute a breach of contract, regardless of whether or not it resulted in financial loss.
How Can a Contract Lawyer Help?
When a contract is breached, the parties may try mediation, but if this fails or is unacceptable to one or more parties, the claim will then go to court where opposing attorneys will usually represent their clients in an attempt to claim relief or disprove fault, as the case may be.
If the breach resulted in economic loss, the plaintiff may sue for damages. If the economic loss was immaterial or the loss does not have a direct economic value, he may instead sue for a specific performance or for cancellation and restitution.
In the majority of cases, a lawsuit attempts to recoup economic loss, known as “damages.” Such damages may fall into one or a number of categories:
Liquidated damages are damages that are specifically identified in the contract. For example, in the case of a warranty, if the contract specified that upon failure of the product before an appointed date the purchaser would receive all of his money back, the full purchase price of the item would be a liquidated damage.
Not all losses can be anticipated. However, whether or not the contract specifies a damage, if economic loss is incurred by one party’s failure to fulfill his duties, compensatory damages attempt to restore such loss by ordering the defendant to pay a sum equal to the estimated setback caused by his breach.
Punitive damages are rare in contract cases, but in the case of egregious actions on the part of the defendant, the court may award an additional sum to the plaintiff as a form of punishment.
Sometimes, damages cannot be directly measured in economical terms or cannot be proven in a court of law. If damages have indeed be done, but cannot be measured, the court may award nominal damages to cover the loss.
However, damages are not the only type of relief to which you may be entitled. You may also sue for a specific performance, in which the defendant is compelled by the court to perform some action on their behalf – usually the action they failed to do which constituted the breach of contract. Cancellation and restitution is also a possible outcome, in which the contract is rendered null and void and the plaintiff granted a sum that puts him in the same position he was before the contract was signed.
Contact David Keesling For Tulsa’s Most Trusted Contract Lawyer
If you’ve been accused of breaking a contract or had an agreement broken by another person, rest assured that you will be in good hands with David Keesling. Our familiarity with case law and precedent is second to none and we won’t rest until your case is resolved.
Call us for more information or for a free case evaluation at (918) 924-5101.