Contracts are the lifeblood and skeletal structure of the world of business. What might seem like just a simple piece of paper can actually control everything from employee-employer relations to delicate agreements with competitors. The strange truth about contracts, however, is that many businessmen and businesswomen who rely on them just to keep their companies going don’t even fully understand what needs to be done when a contract is broken or disputed.
Every contract will involve some sort of agreement – known as a compromise – between two parties. When one party fails to complete their own compromise, a breach has occurred and a contract dispute will likely be next to follow.
Two of the most common forms of contract breaches include:
- Material: An act is done, or actually not done, that makes the contract broken according to law.
- Anticipatory: One party clearly states that they can’t or won’t meet their contractual obligations.
Putting Things in Perspective
Without a full comprehension of business and civil litigation, contract disputes can be a concept that is understandably difficult to grasp. Consider the following example to help put everything in a simpler light:
“Two people form a corporation at the beginning of their business venture. Somewhere down the line, there is a breach or disagreement, leading to a contract dispute. Each partner in this corporation has a different idea of how the partnership should be divided. Upon review, it is discovered that the written agreement between the two is actually missing some critical terms. One partner quickly withdraws all the money in the corporate account, spurring the other to create a lawsuit for damages.”
In the aforementioned scenario, our Atlanta civil litigation attorneys from Schuyler Elliott & Associates, Inc. can represent either party. The partner creating the lawsuit has a valid argument as to how the contract was breached by the other, and the partner being sued also has a strong claim as to why the contract is not binding. With our years of experience, we can review the contract further and create a solid case for either partner. It should also be noted that, in most cases, the party being sued can actually file a counterclaim, which we can also handle.
If you still have questions about contract disputes – or if you need strong representation during a contract dispute – feel free to contact our firm today. Using a free case evaluation, we can determine what courses of action are available to you as either the accused or the accuser. Call 770.400.9102 for more information.