Recovering Damages In A Breach Of Contract Case

When a contract is entered in to, it is expected to be upheld on both ends. Both parties, in most cases a business and another business or a business and an employee, are responsible for abiding by the terms of the contract. When one of the parties fails to fulfill their obligations, a breach of contract occurs and the assistance of a breach of contract attorney may be required to resolve the dispute.

At Taylor Dunham LLP, we have business litigation attorneys who can represent your interests in different types of business disputes, including breach of contract. A breach of contract lawyer can help navigate the murky waters of contract law. The rules surrounding breach of contract claims vary from state to state, and attempting to determine your rights without the help of a breach of contract attorney can be rather complicated. Business litigation attorneys from Taylor Dunham LLP will bring their experience and expertise to your case.

Do you have a legally enforceable contract? Did a breach of contract actually occur in the eyes of the law? A breach of contract lawyer can help answer these questions. Generally, as long as the contract is valid, a breach of contract occurs when:

  • One party fails to perform as obligated;
  • One party indicates an intent not to perform as obligated, or
  • One party is unable to perform as obligated because the other party made this impossible.
  • A breach of contract attorney can help confirm that one of these breaches did in fact occur and aid the non-breaching party in receiving damages for the breach. Damages which may be recouped in a breach of contract case include:Compensatory Damages. An amount paid to the non-breaching party by the breaching party which puts the non-breaching party in the same state financially they would have been in if the breach of contract hadn't happened.
  • Liquidated Damages. This is a specific amount agreed upon at the time of the contract. Both parties agree on an amount to pay if either one should breach the contract.
  • Nominal Damages. A small amount awarded to the non-breaching party when the party wins the case but hasn't lost much financially.
  • Reasonable and necessary attorney's fees in some states, and
  • Pre-judgment and post-judgment interest.

In special cases, a breach of contract lawyer may seek "special performance," in which the court orders the breaching party to carry out their contractual obligations. Or, rescission can be sought. Under rescission, it's as if the contract never existed and neither party is required to perform their duties.

When you need the help of a breach of contract attorney, you need business litigation attorneys from Taylor Dunham LLP Business litigation attorneys of Taylor Dunham LLP often work on a contingency fee, meaning we are only compensated if your case is successful.