How To Avoid Breach of Contract ? [Answered]

An arrangement between two or more parties should be memorialized in a formal contract. Doing so affords you the protection of a safety net should one party not uphold their end of the agreement. Depending on the terms, conditions and specifics of the services contemplated in the contract, a failure to perform one's end of the contract may result in severe consequences. There are four types of breaches that most commonly occur in contract law. Knowing what they are and the possible resulting penalty can help you avoid them at all costs.

1. Minor Breach

Errors happen in life, and like everything, one party to a contract may mess something up. When a person tries to perform the conditions they are required to under a contract but falls short, it is considered a minor breach. It isn't something that will cost the other party too much time or money, but it usually ends with a remedy that is performed by the party who made the mistake.

2. Anticipatory Breach

A contract usually contains deadlines that need to be met. When it becomes clear that the other party is not going to get their part finished in time, it is an anticipatory breach because you saw it coming in advance. For example, if a painter should have your business painted by Saturday, but the work is still not even started by Thursday, it is obvious they aren't getting it done. Contacting a contract litigation lawyer in tampa may be a logical step when dealing with this issue.

3. Material Breach

A material breach is the most common type. It is a blatant disregard for the terms outlined in the contract. An example usually involves the exchange of money or goods by one party with no delivery of the appropriate response by the other party. This means that the innocent party is out money or goods with no effort by the other to rectify the situation. This type of breach results in litigation.

4. Fundamental Breach

A fundamental breach renders a contract completely dead in the water due to one party's failure to complete a task. This missed benchmark usually means the other party cannot go any further. An example of this is attempting to move into a rental on a specific date only to find that the prior tenant is still there. The property manager failed to meet a benchmark meaning the innocent party cannot complete their end of the bargain.

A breach of contract is a serious matter that should be rectified in one way or the other. Get with your attorney to see how to proceed.



Geek Upd8 - Law Reporter: How To Avoid Breach of Contract ? [Answered]
How To Avoid Breach of Contract ? [Answered]
Geek Upd8 - Law Reporter
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