Part of building and growing a business is regularly entering into contracts for your business needs, like goods and services. But when dealing in contracts, sometimes the details become murky and someone doesn’t fulfill their obligations under the contract. Although parties are supposed to enter contracts in good faith, sometimes things wrong, and one party may choose to not perform as promised. An Enara Law, contracts dispute and breach of contract lawyer in Phoenix can help guide you through what to do when someone hasn’t fulfilled their end of the bargain, and you’re stuck to pick up the pieces.
ELEMENTS OF A BREACH OF CONTRACT
AND CONTRACTS DISPUTES CASES
While all breach of contract cases involve unique terms and circumstances, the elements of a strong case remain consistent. In some cases, each of the elements may be easily established, while in others, such as in the case of a verbal or implied contract, thing may become a bit more difficult to prove. Establishing the following elements will be essential:
- A contract existed between the parties
- A party to the contract breached its terms
- The non-breaching party sustained damages because of the breach
- The breaching party is responsible for the breach and damages sustained
A contracts dispute attorney at Enara Law can help you establish these elements and aggressively represent you in holding someone responsible for breaching the terms of an agreement.
DAMAGES A CONTRACTS DISPUTES
LAWYER CAN HELP YOU RECOVER
Whenever a party breaches the terms of a contract, the non-breaching party is entitled to recover for their losses. Of course, actual damages are computed into what a non-breaching party may be entitled to recover, but the following are other damages and recourse that may also available.
Actual Damages: the actual amount of losses directly sustained by the non-breaching party because of the other party’s default or breach of contract.
Consequential Damages: These are damages that may be recovered because they were sustained as a consequence of the breach of contract. For example, if a performer was supposed to perform at a venue but failed to show up, the venue may be entitled to recover from the performer for the damages it consequentially incurred by not having the performer there.
Liquidated Damages: Some contracts have built-in clauses that define the damages if a party breaches the agreement. A court can enforce the contract language and order the liquidated damages to be paid to the non-breaching party.
Punitive Damages: In some cases, where a party’s conduct has been egregious or intentional, or a court is seeking to “make an example” of the breaching party a court may require a breaching party to pay punitive damages to the innocent nonbreaching party.
Specific Performance: The court can order the breaching party to the contract to make good and fulfill the terms of the initial agreement. For example, if an agreement was offered into for a seller to sell goods for a specified price, and the seller decides to breach and not sell them at the price specified in the contract, a court can compel the seller to make good on the contract terms and sell the products for the price set up in the agreement.
HOW MUCH DOES A CONTRACTS DISPUTE AND BREACH
OF CONTRACT ATTORNEY IN ARIZONA COST?
At Enara Law, we understand that if you’re looking for a business torts and commercial disputes attorney, you’re in a situation where someone has done wrong by you and your business and you can’t sit idle and let it harm your reputation and business. And with that in mind- our business lawyers work with you to aggressively represent you and your business, so that you can get back to focusing on operating your company and move past the wrongdoings you’ve become victim to.
That’s why at Enara Law, we’ve created a flat-fee business friendly pricing model- one that allows small business owners to dedicate their time and resources to the management and operation of their business, not to the legal fees to hold others accountable for harming it. The Enara pledge of Bringing Legal to Light™ is all about transparency and simplicity- we never bill you by the hour, and our legal services are performed for a flat-fee, with no hidden fees.
CONTRACTS DISPUTE AND BREACH OF CONTRACT LAWYER IN ARIZONA -
The experienced business lawyers at Enara Law are here to guide you and aggressively represent your business has fallen victim to someone breaching a contract, leaving you pick up pieces.