Breach of contract cases can be between any two parties: a private individual and a corporation, an attorney and client, a corporation and a governing body, two LLCs, shareholders and a corporation, or just about any other scenario you can imagine. The only requirement is that an agreed-upon contract is in place that outlines what the parties have promised to do.
Breach of contract disputes could arise from many different scenarios, including:
- Definition of a term used in the contract
- Purchase and sale agreements
- Breach of partnership agreements
- Shareholder disputes
- Disputes among members of limited liability companies
- Lease disputes
- Offer and acceptance
- Breach of warranty actions
- Breach of promissory notes
- Contract drafting and review
- Breach of employment agreements
- Breach of non-compete agreements
- Errors in the contract
- Breach of attorney-client fee agreements
- General commercial litigation
- Coercion or fraud
- A specific act or performance by the party who breached the contract
- Cancellation of the contract and restitution paid
- Injunction, which is a remedy that prohibits a party from a particular act or performance.
- Compensatory damages to restore the injured party to the position he or she was in prior to the breach
- Punitive damages in excess of full compensation for wrongful acts
- Nominal damages to cover a breach that did not result in measurable financial loss
- Liquidated damages that are specifically outlined in the contract
- That both the plaintiff and the defendant entered into a contract
- That the plaintiff completed all of the essential tasks stipulated by the contract, or that the plaintiff was excused from those tasks
- All conditions had been met requiring defendant’s participation and performance under terms of the contract
- The defendant either failed to do something required under the contract, or did something prohibited by the contract
