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Breach of Contract

Atlanta Breach of Contract Attorney

Breach of Contract Litigation in Atlanta

Business contracts are binding and should never be breached without consequences. At Buckley Bala Wilson Mew, the best interests of our clients and their businesses are our main concern. Our Atlanta contract breach lawyers are prepared to review a contract and help a business partner, employer or employee fight for their rights under that contract. Many breaches of contract are the result of negligence or ignorance, while others are intentional violations of the contract. No matter what the motive was behind the violation, an Atlanta business attorney from our firm can help you establish the intention of the contract and prove that the other party violated those terms.

Examples of Actionable Contract Breach

Any kind of business contract can be breached. Buckley Bala Wilson Mew can investigate your case and gather evidence to present a strong case and obtain the results you need. We can recover financial damages suffered due to a breached contract. Our team can also seek to enforce a specific performance that the contract requires, but was not performed by the other party.

Types of contracts that we can handle include, but are not limited to:

  • Business sales and merger agreements
  • Construction contracts
  • Franchise agreements
  • Investment and capital agreements
  • Joint venture agreements
  • Lease agreements
  • Non-compete agreements
  • Real estate contracts
  • Supply contracts
  • Trade secrets
  • Vendor agreements

Discuss your options with an attorney.

 

The Elements of a Breach of Contract

While it is ultimately left up to the courts to determine whether a breach of contract occurred, as well as the type of breach in question, generally speaking, there are three main elements that a plaintiff must be able to prove in order to have a successful claim for breach of contract:

  1. Existence of a contract: For a breach to be determined, there must first be a valid contract between the involved parties. This contract does not need to be in writing, though written contracts are often easier to prove. Enforceable contracts have three distinct elements: 1) an “offer” or an intent of the parties to enter into a contract, 2) the acceptance of both parties to the agreement’s essential terms, and 3) proper consideration, or the requirement that each party give and receive something of value. In many cases, one-sided contracts are not enforceable, nor are contracts based on past rendered services.
  2. Breach of the contract’s terms: At least one party must have broken one of the terms of the contract. With that being said, not every term of the contract must be taken literally. Only breaches that detract value from the non-breaching party can be significant enough to warrant a lawsuit.
  3. Damages resulted from the breach: The suing party must be able to show that the other party’s breach caused them to suffer some kind of harm, such as financial losses or lost time. If found to be in breach of contract, the breaching party will generally be required to pay for any expenses incurred due to the violation, as well as paying possible punitive damages if written into the contract. Likewise, the breaching party may be required to complete the terms of the contract, or void the contract and restore the wronged party to the condition they were in before the contract was formed.

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