Contracts are the lifeblood and skeletal structure of the world of business.
What might seem like just a simple piece of paper can actually control
everything from employee-employer relations to delicate agreements with
competitors. The strange truth about contracts, however, is that many
businessmen and businesswomen who rely on them just to keep their companies
going don’t even fully understand what needs to be done when a contract
is broken or disputed.
Every contract will involve some sort of agreement – known as a compromise
– between two parties. When one party fails to complete their own
compromise, a breach has occurred and a contract dispute will likely be
next to follow.
Two of the most common forms of contract breaches include:
Material: An act is done, or actually not done, that makes the contract broken according to law.
Anticipatory: One party clearly states that they can’t or won’t meet their
Putting Things in Perspective
Without a full comprehension of business and civil litigation,
contract disputes can be a concept that is understandably difficult to grasp. Consider the
following example to help put everything in a simpler light:
“Two people form a corporation at the beginning of their business
venture. Somewhere down the line, there is a breach or disagreement, leading
to a contract dispute. Each partner in this corporation has a different
idea of how the partnership should be divided. Upon review, it is discovered
that the written agreement between the two is actually missing some critical
terms. One partner quickly withdraws all the money in the corporate account,
spurring the other to create a lawsuit for damages.”
In the aforementioned scenario, our Atlanta civil litigation attorneys
from Schuyler Elliott & Associates, Inc. can represent either party.
The partner creating the lawsuit has a valid argument as to how the contract
was breached by the other, and the partner being sued also has a strong
claim as to why the contract is not binding. With our years of experience,
we can review the contract further and create a solid case for either
partner. It should also be noted that, in most cases, the party being
sued can actually file a counterclaim, which we can also handle.
If you still have questions about contract disputes – or if you need
strong representation during a contract dispute – feel free to
contact our firm today. Using a
free case evaluation, we can determine what courses of action are available to you as either
the accused or the accuser. Call
770.400.9102 for more information.