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What is a breach of contract?
When a breach of contract law occurs in Canada, it is common for the case to be dealt with in the Small Claims Court – Generally, this is because, in most cases, a breach of contract case is less than $ 35,000.
Contracts can be considered agreements that are documented and signed. We all enter into agreements all the time and we may come across a situation in our life where a contract is breached, and the agreed terms are not fulfilled
A breach of the contract means that one side has refused to fulfill its commitment or has fulfilled its duties incompletely or incorrectly. This factor must be considered by anyone who shall enter into a contract with someone.
Example of Breach of Contract
A breach of contract can happen in numerous ways such as
Supplier Breach of Contract – delivering inferior quality of products or service
Seller Breach of Contract – service providers or suppliers invoicing enormous amounts
Buyer Breach of Contract – Invoiced amount not paid by the customer
Contractor Breach of Contract – A contractor or a builder failing to perform the work or negligence in work
Landlord Breach of Contract – Landlord not complying with the rules of the contract such as unexpectedly increase of rent
Employer Breach of Contract – Employer breaking terms of the contract such as not paid the agreed pay or working fewer hours as listed in the contract
Employee Breach of Contract – Employee not complying with the terms of the contract signed with the employer
What to do when the contract is breached?
Most of the time, a breach can be resolved with monetary payment. However, there are circumstances when a person can be ordered to fulfill the terms of a contract. If you are dealing with a Breach of contract law in Canada, you can appeal for your rights to be imposed.
First, you can get legal help to negotiate with the other party that the service described in the contract is performed or try to find a way to seal an agreement between both of the parties. Moreover, there is often a misunderstanding of what should be accomplished in the contract. The other party may believe that it is fulfilling what was described in the agreement, but in a way, it is not. So you must have a lawyer to guide and help you clarify the facts.
If the attempted settlement is false, and if it is dealt with in a small claims court. However, you need to know that by law, the defendant is entitled to redress. The best-known solutions are:
Compensation for damages: These are ways to find financial compensation caused by the breach of contract in Canada that the defender will have to pay.
Payment for indemnity: It means a payment granted, considering the damages caused by the breach of contract
Specific Performance: if the other party believes that the injuries are not adequate, the non-violating party may seek this appeal in court.
Disputes regarding breach of contract result in complex litigation. Our Lawyers at Juzkiw Law have experience working with a wide range of clients who either had a breach of contract or who have been accused of breach of contract. We litigate contractual disputes on behalf of our clients and try to find a cost-effective solution
Experiencing a contract dispute can be frustrating, our trusted contract dispute lawyer can help you determine the best way to recover the damages while accelerating the litigation process. We can represent our clients in contractual conflicts in all matters such as
- Real estate contracts
- Shareholder agreements
- Construction matters
- Commercial lease disputes
- Employment contracts on behalf of employers/employees
- Distribution agreements
- Sales contracts
- Goods and services contract
How we can help?
Choosing an experienced contract lawyer can help in a number of ways such as
✅ Review your breach of contract case
✅Provide guidance on the matter
✅ What evidence (documents) need to be gathered
✅ Potential options available for you
We have experience in handling numerous breach of contract cases and can help pursue claims in a cost-effective manner. However, resolving a breach of contract dispute out of court is also an option. An alternate dispute resolution such as mediation or arbitration is also suggested depending upon the type of breach of contract case one has. Contact us – 416 221 2221 for more information and get a free 30 min consultation with one of our lawyers.
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Breach of Contract FAQs
- There must be mutual consent from both parties
- Each party involved in the contract must be aware and able to recognize that they are entering into a contract (children or people suffering from serious mental disorders may be deemed incapable of contracting)
- Contract must have a purpose. It should contain an agreed-upon good or service
- Lawful cause or valuable consideration: The exchange of consideration, typically a sum of money, for goods or services performed
- Material Breach: One party fails to fulfill their part of the contract
- Partial Breach: One party fails to fulfill part of their contractual requirements
- Anticipatory Breach: One party states that they will not fulfill their contractual requirements by the agreed-upon date
- Fundamental Breach: Failure to fulfill the contractual requirements that results in an inability to perform the contract or provide any benefit to the other party