We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding Civil Causes of Action - Breach of Contract: Your Rights and Remedies
Definition & Meaning
A breach of contract occurs when one party fails to fulfill their obligations as outlined in a legally binding agreement. This failure can take the form of a single incident or a series of ongoing violations. In legal terms, a breach represents a broken promise to perform a specific act or refrain from doing something. The injured party may seek remedies through a civil lawsuit to restore them to the position they would have been in had the breach not occurred. It's important to note that these remedies are intended to compensate the injured party rather than punish the breaching party.
Table of content
Legal Use & context
Breach of contract is primarily used in civil law. It encompasses various types of agreements, including business contracts, employment agreements, and real estate transactions. Individuals can manage certain aspects of breach of contract claims themselves, especially with the help of legal templates available through services like US Legal Forms. These templates can simplify the process of filing a lawsuit or responding to a breach.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A homeowner hires a contractor to renovate their kitchen. If the contractor fails to complete the work as promised, the homeowner may file a lawsuit for breach of contract to recover costs associated with hiring another contractor.
Example 2: A supplier agrees to deliver goods by a certain date but fails to do so. The buyer may seek damages for any losses incurred due to the delay. (hypothetical example)
State-by-state differences
State
Key Differences
California
Allows for specific performance as a remedy in some cases.
New York
Recognizes both compensatory and consequential damages.
Texas
Requires clear evidence of the breach and damages for recovery.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Breach of Contract
Failure to fulfill contractual obligations.
Focuses on promises made in a contract.
Tort
Wrongful act leading to civil legal liability.
Involves harm caused outside of contractual obligations.
Fraud
Intentional deception to secure unfair gain.
Involves deceit, whereas breach is about non-performance.
Common misunderstandings
What to do if this term applies to you
If you believe a breach of contract has occurred, consider the following steps:
Review your contract to confirm the terms and obligations.
Gather evidence of the breach and any damages you've incurred.
Consider attempting to resolve the issue directly with the other party.
If necessary, consult a legal professional for guidance or explore US Legal Forms for relevant templates to file a claim.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.