Breach of Contract
Our Hoffman Estates Attorneys Will Fight for You in Breach of Contract Disputes
Breach of contract disputes are usually taxing for all parties involved. Contracts are a large part of the foundation of both individual businesses and the economic structure of this country. Contracts should be made and kept in good faith, but, unfortunately, that is not always the case. The attorneys at Pluymert, MacDonald, Hargrove & Lee, Ltd. understand that, so if you find yourself in a breach of contract dispute, our Hoffman Estates lawyers are ready with the experience, dedication and know-how to help bring about a resolution that will satisfy you.
What Are the Basic Types of Contract Breaches?
Since every contract is different, every breach of contract is different, but most contract breaches fall into one of four main categories:
Minor Breach – A violation of the terms of the contract that does not undermine the contract as a whole. This type of breach is very annoying, but may not entitle the party to sue for damages, or the damages may be so minor that a lawsuit is not a practical remedy.
Material Breach – A severe violation of the terms of the contract that undermines the contract as a whole and entitles the non-breaching party to sue for damages.
Anticipatory Breach – A violation of the terms of the contract that occurs when one party makes clear that it has no intention of fulfilling its contractual obligation before they are actually due to perform.
Bad Faith or Fraudulent Performance – A severe violation of the contract where one party makes promises it has no intention of keeping, or misrepresents material facts about the deal to the other party in order to obtain money or something else of value from the injured party. This type of breach is very difficult to prove.
How is Breach of Contract Resolved?
Depending on the type and severity of a breach of contract, as well as the willingness of the parties involved, a breach of contract can be resolved in multiple ways, including:
Compensatory Damages – Payment by the breaching party to the non-breaching party that puts the non-breaching party in the position they would have been in if the breach had not occurred. This is the normal remedy in breach of contract cases.
Punitive Damages – Payments by the breaching party to the non-breaching party that are meant to punish the breaching party for particularly wrongful acts by having them pay the non-breaching party above and beyond full compensation for the damages. These damages are rare in the absence of a statute providing for punitive damages and require proof of fraud or bad faith.
Nominal Damages – A small payment made by the breaching party to the non-breaching party in cases where a party breached, but actual money loss by the non-breaching party could not be proven.
Liquidated Damages – A payment of specific damages that were originally agreed upon by the parties in the contract itself in case of a breach.
Specific Performance – A court-ordered performance of duty under the contract that the breaching party must fulfill if damages are an inadequate legal remedy. This form of relief is very rare except for non-compete agreements and some real estate contracts. Usually the contract must say that specific performance is available to make this a realistic option.
- Cancellation and Restitution – The non-breaching party cancels the contract, and the breaching party must restore the non-breaching party to the position it was in prior to the breach.
Our Hoffman Estates Attorneys Will Fight for Your Rights
If you are facing a breach of contract dispute, contact us. With more than 150 years of combined legal experience, our Hoffman Estates lawyers are ready, willing and able to zealously represent your interests in a breach of contract dispute. At Pluymert, MacDonald, Hargrove & Lee, Ltd., as our Client Bill of Rights and Client Service Guarantee prove, our clients are our priority.