Avoid Breach of Contract with Careful Analysis of Contract Law
Legal jargon and complicated language can be a barrier to fully understanding the terms and conditions of a legal document. Before signing any kind of legally binding document, clients should have a thorough understanding of the contractual agreement. Mr. Ted Troutman has over 30 years of experience assisting clients both with drafting contracts and protecting their rights when a contract is breached. As a contract law attorney serving the Portland, OR, area, Ted Troutman is here to help.
Why Careful Review of a Contract is Necessary
Because you are bound by the terms of a contract you sign, it is critical to understand your rights and obligations. If you fail to abide by one or more terms, you can be sued for breach of contract and may have to pay damages to the other party. The same goes for contracts you enter into that are breached by the other side, so you need to know when you have the right to sue.
Employment agreements, severance agreements, and non-compete clauses are among the most common types of business law agreements. Each of these has a bearing on your financial well-being and must be drafted in a way that protects you financially. Careful attention to the wording used, the time period covered, and the rate of pay gives you the best shot at reaching a successful agreement with another party.
Breach of contract is a serious legal action and should be defended or pursued aggressively.
The Consequences of Breach of Contract
Failing to follow the terms of a contract results in breach of contract. Consequences for breach of contract vary depending on the type of contract involved.
Breach of an employment contract by an employee can lead to business litigation by the employer against the former employee. Potential damages include the requirement to pay financial losses or foregoing another job opportunity.
Examples of breach of contract include payment of less than the amount agreed upon, failure to provide benefits as outlined in the contract, and revealing confidential company data. These types of breach of contract can lead to litigation designed to make the wronged party whole again, and oftentimes result in the non-compliant party paying damages to the aggrieved party.
The Benefit of Professional Assistance with Breach or Potential Breach of Contract
Breach of contract is a serious legal action and should be defended or pursued aggressively. Regardless of which side of the breach you are on, it is imperative to seek professional assistance due to:
- Violation of the Contract: To effectively defend or pursue this type of action, you will require the help of a contract law attorney to identify the events of breach. Once identified, it is necessary to outline the facts that make up the breach, and present that evidence to the Court for review.
- Anticipatory Breach of Contract: If you have an indication that the other party or parties do not intend to follow through with what is required, you can seek relief for an anticipatory breach. To do so, it is essential to carefully outline the facts leading up to the expected breach, and outline how the potential breach will cause you harm.
In some instances, the breach of contractual terms is such that payment will be an appropriate remedy to the party harmed, but in other instances a complete undoing of the contract is necessary. The goal of business contract litigation is to place the parties in the position they expected had the contract been performed, so the remedy for each case will depend on the parties’ expectations and understanding of the agreement. Only a trained professional can assist with defending or pursuing breach of contract claims, because only a trained professional is well versed in the complexities surrounding contract law.
Contact Our Office for More Information
If you require assistance drafting a contract, or if you have questions about a contract presented to you, schedule an initial office consultation, contact us online, or call us at (503) 292-6788.
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