Breach of Contract

We are the experts in Breach of Contract

We are serious about fighting for justice and have over 20 years experience in the legal profession. We pre-vet your case free of charge within 2 hours whenever possible and without obligation. If you have a good case we quickly pass it to a senior barrister who will consider it for no win no fee. A small administrative fee is only payable when we seek a barrister's opinion. If the barrister agrees, he will take on the case on a no win no fee basis and you will not pay any fees - win or lose. We can also insure you against paying your opponent's legal costs. Our Panel barristers and solicitors don't just run cases - they win cases and it is they and not you that take the risk.

Your questions answered on Breach of Contract

What is a contract?

There must be an “offer” and there then must be “an acceptance.” Both the offer and the acceptance must be identified. In the simplest terms, Party A offers to sell his car for £1000, and Party B agrees to pay £1000 for the car. There is an offer and an acceptance. An offer is where there is a definite promise to be bound provided that certain terms are accepted. The offer to be valid must be communicated so that the other party may accept or reject it. It may generally be communicated in writing, orally or by conduct. There is no general requirement that an agreement must be in writing but one exception relates to contracts concerning interests in land and agreements under the Consumer Credit Act. Also, an offer must be distinguished from a willingness to enter into negotiations but not prepared to be bound immediately. A completed application form will generally comprise an invitation to treat and not an offer.

What is meant by "an intention to be legally bound?"

Both parties need to have intended to enter into a legally binding agreement. In social and domestic agreements, there is a rebuttable presumption that it was not intended to enter into legal relations. However, an intention to be legally bound may be inferred where one party has acted to his detriment on the agreement or where it is a business agreement or where there is mutuality (both parties clearly stand to gain something.)

What are "implied terms?

Terms of a contract might be implied by Custom, Statute or the Courts. There are various Acts which imply terms, such as the Sale of Goods Act 1979 as amended. It is for example implied in any such sale that the seller has the right to sell the goods. In the case of business sales, it is implied that goods are fit for purpose, namely of merchantable quality. There are other examples where terms are implied. For example, in an employment Contract, it is implied that the employee will work with reasonable care.

What are "unfair terms?

This is an area of law covered by the Unfair Contract Terms Act 1977. The Act does not cover all unfair contract terms, but just exemption clauses. It applies only to contracts within the course of a business. The Act seeks to limit the effectiveness of clauses that exclude or restrict liability. The Act covers contractual, tortious and statutory negligence. Under the Act, there are clauses which are automatically void whilst there are others which are valid only if regarded as “reasonable.”

Matters have moved on further with the implementation of the Unfair Terms in Consumer Contracts Regulations 1999, which applied the EU Directive on Unfair Terms in Consumer Contracts. These Regulations apply to any term in a contract between a seller or supplier and a consumer where the term has not been individually negotiated, that is, it has been drafted in advance.

What is a breach of contract?

A breach does not on its own automatically discharge a contract. It may allow the other party an option to treat the contract as discharged if the breach is sufficiently serious. The obligation of both parties to perform is discharged from the date of the termination. However, a party in breach may have to pay damages for any losses, past or future, caused to the innocent party as a result of the breach. It is to some extent a question of law and of fact in a particular case as to whether there has been a breach, the nature and seriousness of that breach, and the consequences and remedies arising from it.

What damages can be claimed for breach of contract?

A Court can award damages to an innocent party whenever it finds that there has been a breach of contract. The damages should reflect the actual loss which has been sustained as a result. The loss must be provable and must actually result from the breach. You should be put back in the position you would have been in, had the breach not occurred.

Loss of profits can also be claimed as a result of the breach. Each case depends on its own facts. Generally, there is a six year period within which you can bring your claim, though you need to seek specific advice relevant to your case.

We would be happy to review any potential case of breach of contract and provide you with an immediate, informed verdict completely free of charge, and with no obligation. At this stage, all we need from you are the bare facts. We won't waste your time if we don't believe that you have a reasonable claim, but if you do have a good claim then we will be able to help you find excellent legal advice, whatever the state of your finances.

Is it worth claiming?

Our view is as follows. Our Managing Director was a solicitor for over 20 years. He now merely acts as a legal adviser/Assessor at The Legal Company. We have access to the finest legal experts in the field of Contract Law. We refer cases to the top barristers’ chambers who do not charge you. We only advise you to proceed where you have a very good case. We also advise you against incurring any legal costs where these can be avoided, as litigation can otherwise be a risky business.

Breach of Contract

We are the experts in Breach of Contract

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