All businesses have to deal with breaches of contract from time to time. Contract breaches can be disruptive to your company and perhaps even cause feelings of resentment. When they happen, the non-breaching party may be tempted to threaten a lawsuit. But is the breach really worth suing over? Before heading to court, discuss your issue with a Connecticut business law attorney. Aeton Law Partners can help.
How a breach may affect your business
Every contract breach is different. One could be fairly minor and inconsequential, like a parts supplier being slightly late. Other breaches can be financially ruinous to your business. For example, suppose that your parts supplier never delivers what it promised. Suppose, further, that you have no other options because only that company supplies what you need. Without the parts, you can’t produce the goods your company sells. This could destroy your business in short order.
In deciding whether to pursue a lawsuit, you will need to weigh how significant these consequences are. There may be ways to work around the breach, for instance by finding another party to do business with. Your contract lawyer will discuss the breach with you and how you might be able to handle it. There are a number of additional factors your attorney will talk to you about.
Should you sue or not?
Besides the nature of the breach, and its impact on your business, here are other issues to consider before suing:
- Does the breach meet the required legal standard in Connecticut?
- Was the breach material (defeated the purpose of the deal)?
- How strong is your case against the breaching party?
- Do you have, or can you obtain, the necessary evidence to prove your case?
- Could the breaching party counterclaim against you for anything?
- What kinds of damages could you pursue, and in what amount?
- Will the damages be worth the legal and court fees?
- Will the breaching party be able to pay a court judgment?
The basics of Connecticut contract breaches
The first question is arguably the most important. To prove a breach of contract in Connecticut, the plaintiff must prove:
- There was a valid, binding contract between the parties
- The plaintiff performed its obligations under the contract
- The defendant failed to perform its contractual obligations
- Non-performance resulted in the plaintiff incurring damages
Your attorney will work to prove each of the above in a lawsuit. Never assume that any of the elements are given. For instance, many plaintiffs give little attention to whether a valid contract existed. They focus, instead, only on the alleged breach. But the defendant could surprise you and argue that there was no contract at all.
After establishing the four above elements, your attorney will explain the advantages and disadvantages of litigation. If you decide to sue, your lawyer will file and serve the necessary paperwork on the defendant. Your case may settle out of court. But a contract attorney should always be prepared to go in front of a jury if necessary.
You Can Count On Aeton Law Partners
Aeton Law is ready to serve your Connecticut breach of contract legal needs. We provide comprehensive representation both inside and outside the courtroom. If you have questions about a breach or want to learn more about our services, give us a call today at [phone].