Breach of Contract Claims

Contracts are the foundation of commerce and countless personal agreements. When one party fails to honour their obligations, it can cause significant financial loss, disrupt business operations, and lead to complex disputes. A breach of contract claim is the legal process for holding a party accountable for their failure to perform and for seeking a remedy for the resulting harm. Whether you need to bring a claim or are defending against one, navigating these disputes requires a precise understanding of contract law and a clear, strategic approach.

At Central Chambers Law, our senior legal consultants are experts in resolving all forms of contractual disputes. We understand the commercial realities and the legal principles that determine the outcome of these cases. Our function is to provide clear, authoritative advice and to build a robust case designed to protect your rights and achieve a successful resolution.

What is a Breach of Contract?

A breach of contract occurs when one party, without lawful excuse, fails or refuses to perform all or part of their obligations under a legally binding agreement. For a claim to arise, there must first be a valid contract in place. The breach can happen through action (doing something the contract forbids) or inaction (failing to do something the contract requires).

To succeed in a breach of contract claim, the claimant must prove several key elements:

1. A valid and enforceable contract existed between the parties.
2. The other party failed to perform one or more of its obligations under the contract (the breach).
3. The claimant suffered a loss as a direct result of that breach.

Types of Contractual Breach

The law recognises different types of breaches, and the classification is important as it determines the remedies available to the innocent party.

• Material Breach: This is a serious violation that goes to the very root of the contract, depriving the innocent party of the main benefit they were supposed to receive. A material breach gives the innocent party the right to both claim damages and to terminate the contract.
• Minor Breach (or Breach of Warranty): This is a less serious breach of a non-essential term of the contract. The innocent party can claim damages for any loss suffered but is not entitled to terminate the contract.
• Actual Breach: This is a failure to perform that has already occurred on or by the date the performance was due.
• Anticipatory Breach: This occurs when one party indicates, either through words or actions, that they will not be performing their obligations before the performance date has arrived. This allows the innocent party to take immediate action rather than waiting for the actual breach to happen.

Remedies for a Breach of Contract

When a breach is proven, the court can award several remedies to the innocent party. The goal is typically to put the claimant in the position they would have been in had the contract been performed correctly.

• Damages: This is the most common remedy. It is a monetary award to compensate for the financial loss suffered due to the breach. The damages must be a direct and foreseeable consequence of the breach.
• Specific Performance: This is an order from the court requiring the breaching party to carry out their contractual obligations. It is a discretionary remedy and is usually only granted when damages would be an inadequate solution, such as in contracts for the sale of unique property like land or a rare piece of art.
• Rescission: This remedy allows the innocent party to cancel the contract, effectively treating it as if it never existed. Both parties are returned to their pre-contract positions. This is typically available for material breaches or where misrepresentation has occurred.
• Injunction: A court order that either prohibits a party from doing something (a prohibitory injunction) or compels them to do something (a mandatory injunction).

Defences to a Breach of Contract Claim

If you are facing an allegation of breach of contract, several defences may be available depending on the circumstances.

Potential defences include:

• No Valid Contract: Arguing that no legally binding contract ever existed.
• The Contract has been Discharged: Demonstrating that the contract was terminated by agreement or frustrated by an unforeseen event that made performance impossible.
• The Claimant Breached First: Arguing that the claimant committed a breach themselves, which excused your performance.
• The Terms were Unfair: Challenging the enforceability of a particular clause under legislation like the Unfair Contract Terms Act 1977.

Why Central Chambers Law Provides the Definitive Representation

Successfully litigating a breach of contract claim requires a legal team that can forensically analyse the agreement, understand the commercial context, and present a clear and persuasive case.

Clients trust Central Chambers Law because we provide a strategic, commercially astute, and tenacious litigation service. Our reputation is built on our ability to master the factual details and apply precise legal arguments to win cases. Our approach involves:

• Immediate, Authoritative Advice: We provide an early and clear assessment of your contractual rights and obligations, outlining the strengths and weaknesses of your position and the strategic options available.
• Forensic Case Building: We meticulously review the contract terms, correspondence, and all background evidence to construct a comprehensive and powerful case narrative.
• Commercial Acumen: We understand that litigation is a means to a commercial end. We provide pragmatic advice focused on achieving the best possible outcome, whether through negotiation, mediation, or decisive court action.
• Powerful Advocacy: Our senior advocates are skilled negotiators and formidable trial lawyers. We have the experience and authority to fight your corner effectively in any forum.

Our focused expertise means we are perfectly equipped to provide the intelligent and robust representation needed to navigate complex contractual disputes and protect your financial interests.

Secure Your Position with Immediate Expert Advice

If you believe a contract you are party to has been breached, or if you are facing such an allegation, you are involved in a serious legal dispute. The financial stakes can be high, and it is essential to seek expert advice without delay.

Contact our expert litigation solicitors immediately for an urgent and confidential consultation. Taking decisive action is the first step towards resolving the dispute and achieving a successful outcome.

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