When someone agrees to perform a task or render service for compensation and then fail to do it, attorneys call the failure a contract breach. If an individual breaks a contractual agreement with you, they may owe you damages. Before consulting a lawyer, brush up on the following breach of contract basics.

What Are the Types of Breaches?

Attorneys refer to the three types of contract breaches as anticipatory, partial, and material. When you suspect the other party will not complete the contract because of their actions, the breach is anticipatory. For example, a caterer agrees to deliver 100 dinners at 6 p.m., but when you call the catering service at 5 p.m., someone says the food hasn’t been prepared yet.

However, if the caterer arrives on time with 99 dinners, it’s a partial breach, and you must perform your part of the contract. If no one answers the caterer’s phone when you call and no dinners arrive at the appointed time, the caterer has committed a material breach of the contract, and you don’t have to pay.

What are the Requirements for Establishing a Case?

To bring a lawsuit based on a breach of contract claim, your attorney needs evidence that meets four requirements. First, you must show that a valid contract for a legal purpose exists. Alabama law requires certain contracts to be in writing to assert a claim for contract breach, such as agreements for the sale or long-term lease of real estate. Next, you must have performed everything you were required to do as well as show the other party did not perform as agreed.

Finally, there must be evidence that you informed them of their breach before filing suit. To meet this requirement, it’s wise to send a written notice and keep a copy with proof of delivery, such as certified mail or email confirmation.

If you’ve been damaged by a breach of contract, seek help from the business lawyers at J.P. Coleman Law, LLC, Attorneys at Law. From their office in Robertsdale, AL, this full-service legal team provides effective advocacy for residents throughout Baldwin County, AL. Whether you need legal representation in court or a certified mediator to help resolve a conflict, these attorneys are prepared to assist you. Call (251) 947-6247 today to schedule a free consultation. To find out more about their services, visit their website.