Contract Breaches

When parties to a contract fail to live up to their contractual obligations, the financial consequences can be significant. Similarly, if a party with whom you have entered into a contract is trying to misrepresent the meaning of contractual terms to enforce provisions that do not exist, it could result in significant liabilities.

Breach of contract cases can be factually and legally complicated. Damages in these cases can also be significant. With so much on the line, it is critical for anyone who is a party to a breach of contract dispute to retain legal counsel. Our firm represents both plaintiffs and defendants in breach of contract cases.

To prevail, a business claiming breach of contract must prove three elements. Depending on the case, some elements may be easier to prove than others.

A plaintiff must prove:

• The existence of a valid contract. There are numerous requirements of a valid contract. Some contracts must be in writing. Contracts must have a level of specificity and must have “mutual consideration” (which means both parties must have an obligation under the agreement).
• Breach of the contract. The plaintiff must have fulfilled its obligation under the contract, and the defendant must have failed to fulfill its obligation. There are several types of breach including partial, material, anticipatory and nonperformance.
• Damages. The damages alleged by the plaintiff must be caused by the other party’s breach. The plaintiff typically has the duty to minimize its damages when a breach of contract occurs.

Each case likely presents several possible defenses. A plaintiff’s attorney will anticipate these arguments, and a defense attorney will vigorously assert them.

Common defenses to breach of contract claims include:

• Expiration of the statute of limitations. In Missouri, for example, the statute of limitations is five years for an oral contract and 10 years for a written one, although there are exceptions.
• The contract was not validly entered for reasons including fraud, duress or mistake.
• Impossibility of performance.
• The breach has been waived by the plaintiff.
• The contract had been validly canceled.

Our attorneys have the skill and experience needed to represent businesses in breach of contract claims. Our aggressive yet strategic approach will mean that your case will be resolved as soon as possible and with the best possible result whether that means negotiating a settlement or going to trial.

To schedule a consultation with one of our lawyers, call Kilo Flynn today at xxx-xxx-xxxx or send us an email through our online contact form.