Contract Disputes

Contract Disputes

Much of what we do is regulated by contract law. This can be the case even if there is no written contract or all the terms of the contract are not recorded in writing.

There are all types of contract disputes which affect individuals and businesses.

When we are instructed to consider a possible claim for breach of contract we need to understand the terms and be certain that a contract has been formed.  There are legal requirements which we will check have been satisfied.

If there is no binding contract we will need to advise you as to whether you may have another legal route to protect your position.

If there is a binding contract which has been breached by either party we can advise you as to the remedies or protections available to you.

The typical remedy for breach of contract is compensation in damages for financial loss.  The objective is to compensate the injured party for loss and not to punish the party in default.

Indeed the contract itself may contain a mechanism for calculating damages.

Damages for mental distress is only recoverable in very limited cases.

Even if loss is suffered, the injured party may not be able to recover the full amount of that loss.  The person claiming damages needs to prove the loss and that the loss was caused by the breach of contract.  Also the party claiming damages has a “duty to mitigate”.

There may be other remedies available depending on the circumstances and what is appropriate.  For example it may be more relevant to require the performance of the contract by the party in default.

We can assist you in understanding whether there has been a breach of contracts and if so what the remedies would be.  The sooner we see you the better whether it is to pursue remedies or to protect your position where allegations are made against you.

If you have a query or would like to book an appointment please get in touch with our First Contact team on 01256 320555 or email mail@clarkeandson.co.uk.

TEAM MEMBERS

  • paul-cowdery

    Paul Cowdery

    Dispute Resolution Partner

  • simon-horwood

    Simon Horwood

    Litigation Executive

  • irfan-dad

    Irfan Dad

    Employment & Litigation Paralegal

  • Patricia Kinchington

    Legal Secretary

  • Laura Pink

    Legal Secretary