What is a breach of contract?

A breach of contract is a violation of agreed upon terms set out in an agreement enforceable by law. The contract does not necessarily have to be written down, with every term extensively described, to be enforceable. Binding contracts can be written or verbal and include both express terms (those explicitly set out) and implied terms (those that have not necessarily been spelled out in the agreement but are a requirement for the fulfilment of the contract). Breach of contract disputes arise when one party accuses the other of breaking one or more terms of a contractual agreement, usually resulting in a financial loss.

What are some common examples of breach of contract disputes?

Any action, or inaction, that undermines the obligations or terms set out in a contract can be considered a breach of contract. Some of the most common examples of this include:

• Refusal to pay – this is where obligations in a contract have been met by one party, but have not been paid as agreed for their work
• Refusal to work – a contract of work has been agreed upon but never carried out
• Poor performance – where work has been carried out, but to a poor standard; this may mean requirements have been missed or damage has been done
• Delays – work has not been started or completed to an agreed schedule, leading to losses for one party

What happens in a breach of contract dispute?

Breach of contract disputes can be enormously damaging for both parties to a contract: the party that believes a contract has been broken, and the party accused of breaking it. Unfortunately, when this happens, professional relationships can break down completely, often making any losses – and potentially any damages claim – far more substantial than necessary.

That's why, whether you're the injured party or have been accused of breach of contract, we will often recommend that you seek an amicable solution in the first instance. Our experienced contract law solicitors are happy to advise and assist you with this course of action. However, if recourse to the courts becomes necessary, we also have the expertise to help you obtain a fair and just result in a court of law.

Speak to our breach of contract solicitors

Where do I stand in a breach of contract dispute?

This all depends on the nature of the contract. When you consult our contract law experts for advice, they will consider the following:

• Where it's a verbal contract: While it's true that a verbal contract is as legally binding as a written one, evidentially it's more difficult to argue in court that a contract has been breached when it's simply one person's word against another's.
• Where there is a written contract: If your contract is properly drafted, it can be easier to rely on the written contract to evidence that one party has breached the terms.
• Where there has been a delay in action: If you delayed for a considerable period of time before complaining about a breach of contract, a court might rule that you had effectively 'waived' the breach, losing you the right to claim damages.

Naturally, these all involve quite complex areas of contract law. Your case might involve not being paid for your notice period or bonus or you being accused of breaching restrictive covenants. If you're involved in a contract dispute and would like some expert advice about resolving it as sensibly as possible, call us on 0330 041 5869 or contact us online and we'll call you.

How do I make a breach of contract claim?

To make a breach of contract claim, we will need to be able to prove that you had a contract (whether verbal or written), that the terms of this agreement were breached, and that this breach caused you to suffer a loss.

It is also important that you can evidence you have made reasonable attempts to mitigate your loss as much as is possible. Where attempts have not been made, your claim may not be able to claim back any loss that could be considered to have been avoidable if you’d taken reasonable action.

To begin a breach of contract claim, speak to one of our expert solicitors on 0330 041 5869 or by contacting us online. We’ll take you through the process step-by-step and can help you attempt to reach an amicable solution out of court. We’re able to conclude many of the cases we pursue early, working through dispute resolution and mediation where possible.

Why choose Slater and Gordon’s breach of contract solicitors

A breach of contract can have serious ramifications for everyone involved, and it is important that you have expert advice that you can trust when looking for a solution. Our breach of contract solicitors have many years’ experience in supporting people to find sensible and positive solutions to these disputes, approaching each case with understanding and professionalism.

Our employment team have an outstanding track record of success, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.