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Fundamental Breach of Contract

Fundamental Breach of Contract

Atlanta Business Litigation Attorneys

If you are a business owner, you already know how important a well-drafted contract can be for the overall health and profitability of your company. More importantly, you need to be confident that all concerned parties are following the contract accordingly, respecting it at all times and doing nothing to breach it.

People and parties that may be controlled by a business contract include:

  • Employees
  • Business partners
  • Third-party vendors
  • Shareholders

When a contract breach so severe occurs that it not only permits the distressed party to terminate the contract prematurely but also allows them to sue for damages, it is known as a fundamental breach of contract. At Buckley Bala Wilson Mew LLP, our business litigation lawyers in Atlanta can react quickly to any fundamental breach that may be jeopardizing your business, company, or corporation, whether you are a small, local entity or one with connections across international borders. By taking the initiative and retaining legal advocacy, you reduce the chances of a fundamental breach causing further harm to you and your business, and may even be able to repair the damage that has been done.

Qualifications and accolades our team has attained and achieved include:

  • 85+ years of combined legal experience
  • One of Best Lawyers “Best Law Firms” (2015 – U.S. News)
  • AV® Preeminent™ Rating by Martindale-Hubbell® (Attorneys Beal and Kramer)

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Key Elements of a Fundamental Breach Case

Accusing someone, or being accused yourself, of a fundamental contract breach is a serious legal situation. The ramifications of an actual breach may be massive, affecting all aspects of your business. Before you are involved heavily in discussions or litigation, you will want to verify that the main three key elements of a fundamental contract breach actually do exist.

Our attorneys can review your contract to see if the following elements do exist:

  1. Validity: Only a valid contract, whether it is oral or written, can be breached. Contracts are valid if they include a clear offer, the acceptance of that offer by all parties, and the mention of consideration, or what each party will give in exchange for the goods or services of the other.
  2. Breach: If the contract is valid, the breach must be tangible enough to be noticeable. Different forms of breaches include partial, material, anticipatory, and fundamental, with a fundamental causing significant harm.
  3. Damages: Actual harm must be a result of the breach and you must be prepared to prove the harm exists. Financial damages are clear examples of monetary harm but loss of reputation or partnerships can be cited when seeking punitive damages.