Businesses enter into contracts with other businesses and private individuals all the time. When these contracts are breached often the only way to settle the matter is through litigation. Your attorney will need to prove that a breach has taken place and that your business is owed damages as a result.
At the Law Office of Thomas C. Bradley, we have the knowledge and experience to bring a lawsuit against a client who has failed to live up to a contract, or to defend you against another party's accusations. To set up an initial consultation, call us at 775-323-5178.
Proving a Breach of Contract
Contract breaches typically take one of two forms. An anticipatory breach occurs when one party to a contract signifies ahead of time that he will not fulfill the terms of a contract. A material breach occurs when a substantial part of the contract is actually violated.
For example, a vendor informing their customer that they will not be able to deliver their product on a previously-specified date constitutes an anticipatory breach, which becomes a material breach when the date passes and the vendor has not delivered.
It's important that a breach is shown to be a material breach, because claims for anticipatory breaches are more limited. If a business partner violates a non-disclosure agreement, they are clearly in breach of their contract, but it's your job to show that the breach affected your business financially. Often, contracts will contain language that defines exactly what constitutes a material breach, so it's important to make sure your lawyer has all the relevant business documents.
Remedies for a Breach of Contract
In addition to proving that the breach was material, your breach of contract attorney must decide what damages are the most appropriate to pursue. This will depend on many factors specific to your case, including the terms of your agreement and what you lost as a result of the other party's failure to perform according to the contract.
Contract law recognizes three types of damages you can pursue
- Expectancy Damages: The breaching party compensates the injured party for any expected profits or other gains they lost as a result of the breach.
- Reliance Damages: Compensation for any losses the injured party suffered in preparing to fulfill a contract.
- Restitution Damages: If the injured party is unable to prove expectancy damages--for example, if they are unable to prove that they would have profited from the contract being fulfilled--then restitution damages restore them to the position they were in before agreeing to the contract.
As you might expect, seeking remedy for a breach of contract requires an excellent lawyer. It is essential that your lawyer be able to clearly and persuasively explain what should have happened as well as what did happen.
Nevada Breach of Contract Attorney
With over thirty years of experience in business law, civil litigation attorney Thomas C. Bradley has what it takes to pursue your breach of contract case. He will work closely with you to understand the nature of the contract breach so he can argue your case with absolute clarity and secure the damages you are owed under the law.
To set up an initial legal consultation with Mr. Bradley, contact our office at 775-323-5178. Mr. Bradley serves clients in Reno and throughout Nevada.