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Analyzing breaches of contract, Part 1

Analyzing breaches of contract, Part 1

Most businesses will enter into numerous contracts over the span of its existence, with the goal of these contracts being that they provide mutually-beneficial gains to the parties involved. The contract serves a strict legal purpose, holding the parties accountable for the provisions included in the contract. If one party refuses to obey these provisions or simply is unable to, then they are in breach of the contract.

A breach of contract usually leads to legal action. Depending on the specifics of the breach of contract, they breach may be deemed “material” or “immaterial.” However, the breach of contract doesn’t necessarily have to go to court, so long as the two parties can successfully negotiate a resolution between them. This doesn’t happen in many cases, which is what leads the victimized party to file a lawsuit.

We will talk about the potential remedies from a breach of contract in our next blog post. For now, there are two key components to breaches of contract we want you to focus on. The first is that these pieces of litigation are complicated. No business should go head-first into a breach of contract lawsuit without being organized and having experienced legal representation on their side.

The other factor here is that performing your due diligence in light of a breach of contract is necessary. Putting forth a good-faith effort to reach a resolution with your business partners outside of court could be beneficial not only to your contractually-obligated partners, but to you company as well.

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