Someone Breached a Contract: Now What?



A contract creates a pact or understanding between two or more parties. Parties to a business contract might include an employer and an employee, a buyer and a seller, a service provider, and a client or partners. The written document is legally binding, expected to instill trust, and intended to be followed. But sometimes problems arise. When one or more parties refuse to play by the rules or fail to uphold the terms of the agreement, a breach of contract occurs.

You are entitled to legal remedies to make yourself whole (or get what’s owed to you per the contractual terms) when someone breaches a contract. An experienced breach of contract lawyer will know what remedies might be available to you – and therefore, what to ask for – after a thorough review of the breached contract.

What remedies are available to me for a breach of contract?

There are five types of legal remedies in Alabama that might be available to you if someone breached their end of an agreement, including:

  1. Monetary Damages to cover financial losses.
  2. Restitution to restore losses as outlined in the contract (i.e. funds or property promised).
  3. Recission to revoke both parties’ duties under a contract, so if one party fails to fulfill their obligations the other party is relieved of its commitments as well.
  4. Reformation to allow the court to amend the terms to provide a solution that rectifies an existing disparity.
  5.  Specific Performance when monetary remedies are inadequate, which is an order for the neglectful party to perform their duties per the contract.

What must you prove for a breach of contract claim?

Breach of contract claims are fairly straight-forward, but certain elements must be present to make your case in a court of law. The party bringing the claim must have evidence of the following:

  • A valid contract exists between the parties
  • You have performed your part of the contract.
  • The other party has failed to perform their part of the contract.
  • You have incurred damages (i.e. loss of income, loss of clients, etc.) directly resulting from their nonperformance.

What other breaches of contract claims are available to me in Alabama?

When bringing a claim for breach of contract, Alabama allows for additional claims that complement the breach and best protect an injured party’s rights. One such claim is known as “work and labor done”. If you provide work and labor or a service for someone else, then under Alabama law you have a right to a payment equal to the agreed-upon amount or an amount equal to the reasonable value of the service of which the other party acknowledged the work performed and otherwise enjoyed a benefit from it. 

Another such claim is called “unjust enrichment,” which is similar in concept to work and labor done. If one party knowingly accepts and retains a benefit at the expense of another who had a reasonable expectation of compensation, yet the benefitted party withholds compensation, this can lead to an unjust enrichment claim. It must be an unjust act, though, meaning the party providing the benefit was misled or the recipient of the benefit acted in some unconscionable manner that resulted in fraud, coercion, abuse of a confidential relationship, or other intentional misconduct.

Hiring an Alabama business litigation lawyer to file your breach of contract claim

When a breach of contract occurs, it’s important to give the offending party an opportunity to rectify the problem. But when efforts to go it alone fail, you will likely need to hire an experienced Breach of Contract Lawyer to resolve the contract dispute for you.

The experienced breach of contract lawyers at Taylor Martino will determine the most cost-efficient approach to make things right. But if your claim makes it way in front of a judge, we will rigorously defend you and handle the bulk of the legal work so you can stick to doing business. 

If you currently find yourself injured by a breach of contract in Alabama, consulting with a business litigation attorney at Taylor Martino is the best way to ensure your rights are protected. We offer a free consultation to help evaluate your options, so you can decide the right course of action for you, your business, and your future business and professional interests. 

Contact us at 251-433-3131 or here on our website to get started.

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