Contract claim solicitors
We are a new set of highly experienced eyes offering solutions you may not have considered.
We are always happy to provide a scope and an estimate so you know where you stand.
Contract breach specialists
Our years of experience in dealing with breach of contract claims will protect your position.
- We offer you a strategy – reviewing early can save false hopes;
- If you have received a claim we can manage the process;
- We will always look for the best solution before launching in.
Key aspects of contract breaches
The areas to consider include:
- Establishing the facts.
- Legal analysis of the contract – what type of breach, minor, intermediate or major and what options and consequences flow and can or should the contract be terminated.
- Obligation to mitigate the loss.
- Recovering damages.
Establishing the facts
If there has been a contract termination or breach of contract, the first practical steps we will establish are:-
- If there is a written commercial contract what does it say?
- Is your contract a business to business arrangement or business to consumer? If the latter, whatever the contract may stipulate, it may well be overruled by statute or have terms implied into it.
- We check for evidence of any variations or waivers to the written terms in subsequent emails, correspondence or otherwise. Everyone should be as clear as possible as to the latest agreed terms.
Waiving a breach
If you take no action you may be considered to have waived the breach. On the other hand, don’t act too hastily as you may make a mistake that means you are in breach yourself.
Fundamental breach of contract
Different types of contract clauses have different implications – is the breach a fundamental breach? Does it go the very essence of the bargain? If not, your options, claims and remedies may be different.
Breach of contract letter of claim
The first step after a breach is to set out the position and the alleged breach formally. In many cases the letter should also state how the party in breach must remedy or correct the breach and in what timescale.
If there is no response or an unsatisfactory response or if the breach is not satisfactorily sorted out, a formal letter before action may be needed, warning of intention to issue a court claim.
Once the letter before claim is issued there will be time limits to follow. Therefore you need to be prepared. Failure to respond can mean immediate court action. We can help you issue the letter before action or to defend a claim set out in a letter before action.
Breach of contract damages
There are many principles involved in determining what alleged losses may or may not be recoverable for breach of business contract.
Some of the key areas we will consider include:
Mitigation of loss
The party bringing the claim cannot recover damages for any part of his loss which he could have avoided by taking reasonable steps. This is referred to as the duty to mitigate.
The duty to mitigate following breach of business contract
There are two limbs to the duty to mitigate, which arise after the breach has occurred. The party claiming breach of contract must take reasonable steps to minimise his loss (expenses in taking these steps can also be recovered) and he must not take unreasonable steps to increase the loss incurred.
Contact our litigation lawyers for a rapid analysis and tactical help with your breach of contract claim. We act for claimants and defendants.