A contract is an agreement that the law will enforce.
A contract can be oral or written and may include obligations imposed by law even if the parties are not aware of these obligations.
A breach of contract occurs when one or both parties fail, without legal cause, to perform all or part of a contract.
Kohn Swift clients in breach of contract disputes include businesses and individuals from a wide range of industries including manufacturing, sales, finance, employment, technology, and entertainment.
In one representative matter, the firm represented an inventor and developer of military-grade sonar equipment in a contract suit brought by their co-developers. Kohn Swift brought numerous new counterclaims which survived a motion to dismiss and led to a swift resolution.
BREACH OF CONTRACT LITIGATION
In determining if a contract was breached, courts will determine:
- Was there an agreement?
- What did each party commit to do?
- Did either or both parties fail to do what they promised?
- If yes, what was the cost to the nonbreaching party?
RELIEF IN BREACH OF CONTRACT LAWSUITS
Breach of contract lawsuits seek to put the parties in the position they would have occupied had the contract not been breached. To that end, courts may award plaintiffs monetary damages for financial losses sustained as a result of the breach, and in the case of willful or malicious behavior, punitive damages. If monetary damages are insufficient, a court may order the breaching party to perform what they had promised under the contract.