"Breaching" a contract by failing to comply with the guidelines stated therein can wreak havoc on the well-being of the affected party. When one or more parties are at fault for a breach of contract, the faith placed in them by the victimized party is shattered. Also, if the victim fails to properly fight for their rights, they may be forced to comply with things that they did not originally agree to when they signed the contract, which could further damage their lives and relationships with all other parties.
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Material Breach – A material breach is committed when, in short, a party strays so far from the heart of the contract that the contract is rendered “irreparably broken” and may as well have not been written in the first place. Also referred to as "total breaches," these breaches go to the very root of the agreement and are noticeable enough to cause actual monetary damages or undue hardship.
Fundamental Breach – A fundamental breach allows the party affected by the breach can not only collect damages, but also void the contract if they so desire. In order for a fundamental breach to exist, the following elements must exist:
Anticipatory Breach - An anticipatory breach occurs when one party realizes that another party is going to fail in fulfilling their end of the contract in the future. Therefore, the anticipant party can sue for damages and/or terminate the contract before the breach even occurs. Common types of anticipatory breaches include explicit refusals from one party to perform their duties, the introduction of an unforeseen circumstances which make it impossible for a party to fulfill the contract, or selling or transferring property to a third party other than the contracted buyer in the context of real estate transactions.
If you have entered into a contract with another party and they have breached that contract, the New York small claims attorney Mahir Nisar Attorney at Law is more than qualified to assist you in gaining the legal resolution you want. With extensive experience and a helping attitude, our firm will do everything possible to reach your goals. We also offer flat-rate legal fees, which means that we provide satisfactory results at equally satisfactory prices.
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