Frequently Asked Questions About Breach Of Contract
What constitutes a breach of contract?
Several elements must be considered when determining a breach of contract. These elements include:
- Valid contract: There must be evidence that a valid contract was created orally or in writing. The contract may need signatures to be considered valid.
- Contract objectives: The language in the contract should clearly outline the roles of each party, deadlines and repercussions for failing to fulfill obligations. This contract should show what each party was expected to perform or provide to fulfill their obligations. All parties should understand the contract.
- Failed obligations: The non-breaching party may show that the breaching party failed to fulfill their obligations, such as missing a deadline or using the wrong materials.
- Damages: As a result of the breach, the non-breaching party may have suffered damages, such as financial loss.
If these elements can be proven, then you may have a breach of contract case on your hands.
What are the first steps to take if you suspect a breach?
If you suspect that a party breached a contract, you should talk to an attorney. An attorney can help you review your contract and examine the damages you have faced.
How long do I have to file a claim for breach of contract?
In Las Vegas, you have four years to file a claim for an oral contract and six years for a written contract. Failing to meet these deadlines can make it difficult or impossible to recover damages.
What types of damages can I recover in a breach of contract case?
If you win a breach of contract case, it is possible to recover damages to pay for lost profits, cost of hiring, repair costs, loss of reputation and additional fees – to name a few.
Can a breach of contract be resolved without going to court?
Yes. Parties may reach a settlement agreement outside of court. This can reduce legal fees and protect both parties from additional losses.
Talk To An Attorney Today
Our breach of contract lawyers are here to help you. You can talk to one of our Las Vegas attorneys at Carbajal Law by calling 702-829-7476 or emailing us to schedule your free initial consultation today.