The government’s COVID-19 shelter-in-place orders have placed unusual strains on contractual relationships. Employment, construction, landlord-tenant, and other contracts have been impacted, affecting most of our nation’s population. While unusual, such widespread, wholesale, strains on contractual relationships are not unprecedented. The law has dealt with these types of strains before, such as during times of war […]
Contract Disputes: Common Topics
Contract disputes typically concern one or more of the following topics: Was a contract formed?That is: (a) were there parties capable of contracting? (b) did they consent? (c) did their agreement have a lawful object? (d) was their agreement supported by consideration? The issue of consent is sometimes is phrased as whether the parties had […]
Breach of Contact: Material and Immaterial
A breach of contract may be “material” (i.e., an important breach) or “immaterial” (a relatively unimportant breach). When a breach is material, the party not in breach can terminate the contract and will be excused from further performance of the contract. An immaterial breach may give rise to a right to sue for breach of […]
When Does a Breach of Contract Occur?
A breach of contract occurs the party in breach fails to perform timely. Often, some leeway is given for time of performance. It is not unusual for a party expecting performance to wait awhile (a few days, a week, maybe more) for the promised performance. Oftentimes, a phone call, email, or letter, can clear up […]
What is a Breach of Contract?
A breach of contract occurs when a party, without justification, fails to perform a promise made in the contract. The elements of a legal action for breach of contract are: entry of a contract by the parties; performance of the contract by the party who is suing (or excuse from performance); all condition required by […]
