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Whether it’s home renovations, graphic design, or the transfer of a car title, if someone agrees to do a particular job or to pay for one, they’ve entered into a contract. If either party fails to hold up their end of the deal, this is known as a breach of contract, and it’s one of the most common reasons why people hire an attorney. Here’s a guide to help you understand this legal issue.

What to Know About a Breach of Contract

Basics

attorneyA breach of contract occurs when the specified terms of an agreement are not fulfilled. However, it can happen even if most of the work is done, or most of the money has been paid. Furthermore, although a breach of contract can be intentional, sometimes it’s accidental.

Types

There are four types: material, fundamental, anticipatory, and minor. In all of these situations, attorneys can sue for damages for the aggrieved party. Here’s more about the different types: 

  • Material: If there’s a significant discrepancy between what was agreed upon and what has occurred, it’s considered a material breach of contract. For example, if you bought a used car from someone and paid for it, but they did not sign over the title to you, this would be a material breach. 
  • Fundamental: This occurs when the essential parts of the contract are somehow unfulfilled. If you’ve hired a general contractor to build a bump-out style home addition and instead they’ve torn down a wall to turn two rooms into one room, that contractor has committed a fundamental breach of contract. 
  • Anticipatory: When it seems as if one party is unlikely to do their part, attorneys can argue an anticipatory breach of contract. If you established a deadline for a graphic design project and weren’t given any updates for a majority of the time, despite agreeing to do so, you can anticipate that it probably won’t be delivered on time. 
  • Minor: Also known as a “partial breach,” this term refers to situations when there’s only a slight problem. Even if 99% of the work was completed, attorneys can still sue for damages, but they can also put pressure on the other party to finish the project. 

 

If you’re the victim of a breach of contract, contact Gilbert P Kaback Attorney at Law in Colchester, CT. He’s served the area for more than 20 years. Contract law is one of his many focus areas, but if you don’t need legal assistance regarding contracts, he’s also well-versed in issues like real estate, bankruptcy, and divorce. To learn more about this attorney’s experience, visit his website, or call (860) 537-0874 to schedule a consultation.

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