Morristown Breach of Contract Lawyer
Resolving Contract Disputes for New Jersey Businesses
New Jersey businesses rely on contracts to regulate how their company is run and to prevent potential pitfalls from jeopardizing their day to day operations. When a legal contract is breached by one or more parties, litigation may be necessary to resolve any issues and recover damages that were caused by the breach.
At the Law Office of Joseph S. Scura, our Morristown breach of contract attorney possess more than a decade of legal experience in business litigation matters and can help you take action in case of a breach of contract. Our New Jersey law firm is equipped to handle breaches of all sorts, including those involving employment contracts, shareholder agreements, leases, sales agreements, and other general business contracts.
For more information about how The Law Offices of Joseph S. Scura may be able to help you with your breach of contract case, call (973) 832-0841 or reach out to us online today. We conduct a cost-benefit analysis for every client before they retain our services.
What Is a Breach of Contract?
When two or more parties sign a business contract together, they agree to certain obligations that must be fulfilled by everyone who enters into the agreement. Therefore, if one party fails to fulfill any of its contractual obligations, they have broken or “breached” the contract. Such an action is punishable by law as contracts are legally binding.
Examples of a breach of contract include:
- Failure to complete a job
- Failure to deliver services or goods
- Failure to pay in a timely manner
- Failure to provide services
- Misrepresentation of assets being used as collateral
- Providing services or goods that are subpar
- Violation of an employment non-compete clause
When Can I Sue for Breach of Contract?
A contract is a legally binding document; therefore, if one or more parties fails to uphold their end of what has been agreed upon, it is likely you can take legal action to resolve the issue—even if the contract was oral and not signed. However, you must be able to prove certain elements to have a valid claim.
In order to file a lawsuit for breach of contract, you must be able to show proof that:
- A valid contract exists
- The contract's terms have been breached
- Actual, compensable losses or damages occurred
Next, it is important to determine what type of breach occurred and what the effects were to ensure you resolve the manner in the way that best benefits your business and adequately makes up for any harm done.
There are two types of breaches of contract:
- Immaterial: A minor oversight occurred. For example, a product you expected to be delivered on a Monday didn’t arrive until the following day.
- Material: A major oversight occurred. For example, a product you expected to be delivered on the 1st of the month didn’t arrive until the 28th, causing you to miss your own deadlines and lose business.
Finally, you and your attorney must decide how to resolve the breach. Do you want to sue for the monetary value of what was lost? Cancel the contract entirely?
There are three available remedies you can take following a breach of contract:
- Cancellation and restitution: This remedy allows for the party negatively affected by the breach to void the contract completely. All parties are relieved of any obligations to each other. The breaching party must return all money and/or property received from the plaintiff while under the contract.
- Damages: The breaching party must pay money to the plaintiff for violating the terms of the contract. The amount paid depends on the extent of the damages that were done.
- Specific performance: This remedy calls for the breaching party to uphold what they were originally contracted, but failed, to do. This remedy is often considered when monetary damages won’t adequately compensate the plaintiff for their losses.
What Damages Are Available?
The most common remedy for a breach of contract that we see at the Law Office of Joseph S. Scura is to sue for damages. If your business has suffered losses and you are looking to recover, often the best way is to receive a payment that makes up for those losses.
Damages available in a breach of contract lawsuit include:
- Compensatory Damages: These are paid in order to put the non-breaching party (plaintiff) back in the financial position they would have been in had the breach not occurred.
- Liquidated Damages: A specific amount that was identified in the original contract signed by both parties to be paid to the other in the event of a breach.
- Nominal Damages: A small amount of compensation awarded in the event that no actual money was lost due to the breach.
- Punitive Damages: Through rare, punitive damages punish the breaching party if they engaged in particularly egregious acts by forcing them to pay more than the value of losses suffered by the breach.
Contact the Breach of Contract Attorney at Law Office of Joseph S. Scura
Get in touch with an attorney from our firm as soon as possible to learn what options you have to resolve a breach of contract. Law Office of Joseph S. Scura has built a strong reputation for success and our head attorney has been nationally recognized by reputable organizations such as Super Lawyers® and The National Trial Lawyers for several consecutive years.
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