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 […]

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 […]

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 […]

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 […]