How our Breach of Contract specialists can help

Our approach to breach of contract claims

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Breach of Contract frequently asked questions

In broad terms, damages are used to put you back in the position you would have been in if the contract had been carried out as agreed. This is the most common remedy for a breach of contract. Other remedies include:
  • Liquidated damages (a further amount that may be specified if breaking the contract);
  • Specific performance (where a party is order to do something, for instance complete the contract);
  • Injunctions.
To bring a claim for breach of contract we will need to prove:
  1. That you had a contract;
  2. That the terms of the contract were breached, and;
  3. That the breach caused you to suffer a loss.
You would also need to show that you have mitigated your loss as far as possible. If that has not been done, you may not be able to claim losses that might have been avoided with reasonable mitigation.
Our breach of contract solicitors can guide you through the process of bringing or defending a claim. This can include correspondence with the other side who has let you down, to provide you with the opportunity to resolve matters outside of the court process if that is what you want. We often help to facilitate early offers of compensation, and work through dispute resolution procedures such as mediation with our clients. Mediation, if appropriate, can provide the opportunity for a quick and cost-effective resolution but is not the right solution for everyone.
You usually have six years from the date of the breach of contract to bring your claim. The time limit is called a limitation period. Whilst there are time limits, it is best not to delay speaking with us if you believe you have grounds for a claim, as it is better to discuss potential claims early on. Some claims may be able to be brought under tort law as well as breach of contract.
Usually there will be an exchange of “pre-action” correspondence to attempt to resolve matters if possible. Dispute resolution methods like mediation, or offers to settle, can also be explored if they are appropriate. However, if a Court claim is needed and matters do proceed to trial, then it is likely that you would then need to attend as a witness in the case. Which Court is appropriate to pursue your case in can also depend on its value. This is something our team of professional negligence solicitors can help with. We will work with you to make sure that you are fully prepared for any court attendance.
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