Contract Claims
Contracts can be written or verbal and cover a wide range of arrangements, from the supply of goods to the delivery of services. When a contract is breached, the impact can be significant. Whether you're dealing with lost income, business disruption, or a claim made against you, we'll help you understand your position and take practical steps to protect your interests as efficiently and effectively as possible.
Understanding the contract
We'll review the contract alongside any relevant correspondence and discussions that took place before it was agreed. By identifying the key obligations and responsibilities early on, we can give you clear advice on the strength of your position and the options available to you.
Misrepresentation
Sometimes the issues in dispute stem from what happened before the contract was even signed. If one party made a false statement of fact or law that persuaded the other party to enter into the contract, this could amount to a misrepresentation. We'll assess at an early stage whether the breach of contract arises from an actionable misrepresentation.
Assessing the breach
Not every breach of contract has the same consequences. We will consider the nature of the breach and the consequences of that. To help us build the right strategy
Termination of the contract
In some situations, bringing a contract to an end may be the best way forward. We'll explore the options available to you and advise whether terminating the agreement could help you achieve your objectives whilst protecting your legal position.
Mitigation
If you've suffered a loss because of a breach of contract, you're expected to take reasonable steps to reduce that loss where possible. This is known as a “duty to mitigate”. We'll guide you through the practical steps you can take and help you put yourself in the strongest position to recover any losses you've suffered.
Questions we’re often asked
Yes. In most cases, you must issue a claim within six years of the breach taking place. Acting early gives you the best chance of preserving evidence and resolving the dispute effectively.
No. Court proceedings aren't always the right solution. We'll work with you to explore alternative ways to resolve the dispute, including negotiation, mediation and other forms of dispute resolution where appropriate.
Most cases are resolved without the need to attend court. If the matter can't be resolved and a trial is required, you'll usually need to attend court to give evidence. If that happens, we'll support and guide you throughout the process.
Need an expert in
dispute resolution
?
For more information or a no obligation discussion, please call or email our team today.
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