When the time came for your company to work with an outside party, you chose to utilize a contract so that everyone involved was on the same page in terms of expectations for the business relationship. The agreement may have included numerous details from the necessary actions of the other party to the compensation involved.
You may have felt confident at the beginning of the endeavor that the business relationship would go smoothly. However, over time, doubts began to creep into your mind with regard to the other party fulfilling his or her part of the agreement. In fact, you may believe that a breach of contract has occurred.
What type of breach took place?
A breach of contract can happen in multiple ways. A kind of breach could even occur when you suspect that the other party does not intend to uphold the contract. This type of breach is known as an anticipatory breach. The other party may have done something or failed to do something that caused you to believe that he or she did not intend to carry out the terms of the agreement. In this type of case, though, it can be difficult to prove that such a breach occurred.
On the other hand, a material breach of the contract could have taken place, and due to the severity of the breach, you were not obligated to uphold your side of the agreement. In a less serious case, a partial breach may have taken place in which the other party violated the contract terms but not so severely that you were excused from upholding your end.
Can you take legal action?
If you suspect that a breach of contract has taken place, your first steps should involve bringing up the matter with the other party. In some instances, discussing the matter is enough to come to a resolution. However, if a discussion does not garner the desired results, you would need to meet the following general requirements to prove your case in court:
- You had a valid contract with the other party.
- You have evidence that the other party violated the terms of the agreement.
- You upheld your end of the contract.
- You notified the other party of the breach before moving forward with a lawsuit.
If you believe that you meet these general requirements, you may want to consult with a Massachusetts business law attorney about your legal options. Moving forward with a lawsuit may allow you to seek compensation for damages resulting from the breach.
