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22 02, 2018

Can I Sue Someone if They Don’t Follow Through with a Contract?

By |February 22nd, 2018|Categories: blog|0 Comments

If you're a business owner or a have entered into a contract with someone, there are important rules that govern the execution and performance of the contract. The contract binds both parties to the provisions included within the document. Breaking these provisions, may open you or the offending party up to damages. Contract law cases can be tricky to prove in court, especially if the contract is not clear. That's why business lawyers and commercial lawyers exist; to help their clients understand the burden of what their clients have to prove in contract law lawsuit. They also can help their clients prepare and negotiate good, clear contracts. Here are the four things a plaintiff seeking a claim for breach of contract must prove in order to win their case and collect damages: Four Pillars Of Proof Below are the four steps, or elements, that a plaintiff must be able to prove or a defendant must be able to disprove for a breach of contract case in order to be awarded damages from the Court. For a clearer understanding, we will use an example fact pattern. Here, Bob is a deck builder that works as a contractor. Sally is in need of a deck. She signs a contract saying she will pay Bob $17,000 to build a deck of a predetermined size in one week. After Bob builds the deck, Sally decides she no longer wants the deck and decides not to pay. Let's look at what would happen if Bob and his business lawyer decided to sue. An Enforceable Contract Exists If Bob has a copy of the written contract with both of their signatures on it, and that contract was written in a way that didn't include any unlawful provisions, this should in most cases suffice for [...]