Breach of Contract

At Phillips, Erlewine, Given & Carlin, we handle all aspects of breach of contract disputes. Whether enforcing our clients’ contractual rights, ranging from sports and entertainment to general business disputes, or defending our clients from unwarranted breach of contract claims, our attorneys bring the litigation experience and substantive legal knowledge needed to help our clients get what they bargained for.

Understanding Breach of Contract

Contracts are legally enforceable agreements between two or more parties, where one party agrees to do or give something of value (or consideration) to another in exchange for something of value from that other party. Contracts can be written, oral, or even implied by conduct. The right to contract and the legal enforceability of contracts forms the basis for our economic system.

A breach of contract occurs when one party fails to fulfill their obligations under the contract. When this happens, the non-breaching party may be entitled to seek legal remedies, including monetary damages or specific performance. The idea of contract law is to make the non-breaching party whole for the breaching parties’ actions—the innocent party should get what they bargained for.

Elements of a Breach of Contract

To prove a breach of contract, the following elements must generally be met:

1. Valid Contract

To have a breach of contract, there must be a contract. This seems elementary, but there are several sub-elements that must be established for a court to find that an enforceable contract exists. There must be a meeting of the minds (or mutual assent), consideration, and capacity to enter into a legally binding agreement. Our attorneys can help you understand what you and your counter-party have committed to and how best to enforce those commitments.

2. Performance of Contractual Obligations by Non-Breaching Party

In a breach of contract case, before a plaintiff can be awarded damages, they must prove that they did all, or substantially, all of the significant things the contract required of them or that they were legally excused from having to do so. If you don’t hold up your end of the bargain, the other side might not be obligated to hold up theirs. Our breach of contract attorneys help counsel our clients so that they understand what they need to do to maintain a breach of contract claim in light of the other side’s behavior.

3. Breach of Contractual Obligations

Once the existence of an enforceable contract has been established, a party must show that the other party failed to perform its obligations as specified in the contract. Not just any breach will result in damages. The breach must be material—that is it must get to the heart of the contract such that it defeats the purpose of the contract. This breach can take various forms, such as non-payment, non-delivery, or failure to meet agreed-upon deadlines. Our breach of contract attorneys meticulously analyze the facts and evidence to establish the breach.

4. Damages or Harm

Damages or harm is perhaps the most important aspect of not only a breach of contract claim, but any civil litigation. There can be wrongful or illegal conduct committed, but if no one is harmed by virtue of the conduct, the law rhetorically asks, “so what?” The injured party must show that the breach—and not some uncontrollable event—resulted in actual losses, such as financial harm, lost opportunities, or reputational damage. Our skilled litigators work diligently to calculate and substantiate the extent of our clients’ damages to maximize judgments and settlement value.

While not strictly speaking, an additional element to maximize their damages, breach of contract litigants must also demonstrate that they took reasonable steps to minimize their losses. They must search for and execute alternative solutions to solve the problem caused by the breach the best they can. Courts will not award a windfall to litigants who sit around and hope a lawsuit makes everything right. Our attorneys counsel our clients to enact effective mitigation strategies to prevent negative business outcomes and decrease litigation risk.

5. Causation

To prove breach of contract, not only must there be harm, but the breach must have also caused the harm. Our firm knows how judges and juries connect those dots and present the facts of our clients’ cases in the most direct way possible to facilitate the best possible outcomes.

Why Choose Us?

Experienced Legal Team

Our firm boasts a team of highly skilled attorneys who have a deep understanding of substantive and procedural laws can help consumers and businesses fight back against fraudulent, unfair, or unlawful business practices. With years of collective experience and a track record of success, our team can handle every type of unfair, illegal, or fraudulent business dispute.

Comprehensive Approach

We take a comprehensive approach to breach of contract litigation, ensuring that our clients' interests are vigorously protected. From initial consultation through to trial, we leave no stone unturned in building a strong case and maximizing the chances of a favorable outcome.

Tailored Legal Strategies

Every case is unique. We recognize the importance of tailoring our strategies to meet the specific needs and circumstances of our clients. We invest significant time and effort in thoroughly assessing each case—whether it be on behalf of an individual or a class of impacted consumers or businesses—enabling us to develop a customized legal approach that aligns with our clients’ goals.

If you have experienced a breach of contract or have someone claiming you breached a contract, contact us to discuss your next steps.

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