Breach of Contract

 

Contracts are a common and essential phenomenon of modern life. Put simply, a contract is an agreement between two parties whereby they agree to exchange services or goods according to the set terms. Such an agreement could be created in writing, verbal or even just assumed based on the parties’ actions. The contract creates obligations on both parties, which are called the terms of the contract. Most of the disputes are due to the breach of such terms.

The obvious and assumed contract

We deal with contractual disputes often on a daily basis. They are all from various are of laws. For example, when an employer fails to pay an employee according to the employment contract then the employee can take legal action as the employer has breached his obligations. Contractual disputes of this form are often considered y an employment tribunal on the ground of constructive dismissal.

There are cases where contracts are not as straightforward and a specialist solicitor or barrister is required to analyse the problem. For instance, agency workers are normally employed by the agency company and another company has a services contract with the agency, under which they hire the services of the worker. I often speak to clients who are agency workers but are managed and paid by the company where they worked, instead of their own agency. These situations are really complicated but often the agency workers obtain the same rights as a full time employee despite there being no written contract.

Carry on or terminate

Regardless of what area of law a contract concerns a breach of it gives the innocent party the right to terminate the agreement or acknowledge the breach and carry on with the contract. The court will normally grant damages that will put the innocent party in the position in which they would have been in if the contract had been performed according to the agreed terms.

Contract law is relevant to every area of law and it is often necessary to consult a specialist solicitor. If you need legal advice in relation to any form of contractual dispute then contact one of our experienced case handlers. We will be able to talk you through the matter and recommend a specialist solicitor.

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