In any commercial arrangement between two parties, there should always be a contract which states their mutual agreement on papers. The business functions run smoothly if both the parties perform their part of the contract as agreed. However, if any of the parties fail to perform their part as per the terms of the contract, the matter in most cases lands in court. Therefore it is quite important that both parties have comprehended the terms of the agreement in the same sense.
Fisher & Talwar provides attorney services in the US in all such cases of contractual disputes and other business related litigations.
Types of Contractual Breaches
Material: One of the parties fails to perform their duty and the damages are irreparable. There is no way the contract can be carried forward as the fundamentals are compromised
Minor: This is relatively breaching of a minor clause of the contract which does not change its actual outcome. The contract would still be carried forward claiming some small damages.
Repudiatory Breach: This is a fundamental breach which is valid enough to give the right to the performing party to sue the other party and terminate it. However, the performing party may affirm the contract too as per its choice.
Anticipatory Breach: This breach is way ahead informed before it actually happens.
Common Claim Types
Unfair competition: These claims arise against wrongful business practices that result in great economic losses to the innocent party. For Example:
Illegal use of competitors’ trademarks and patents
Misuse of competitors name to mislead buyers
Pilferation of Trade Secrets
Defiling Brand Image of Competitor
Employment Contracts Claims:
Employees have made a claim against the employers for breach of Contract and vice versa. Arbitration is generally the way for such parties to make good their loss. The case arises if an employee has been discriminated on the basis of age, race, sex, and are not paid agreed wages.
Some Exceptions to the enforceability of law:
An act of force or coercion made by either party against the other
Agreement between parties to perform an illegal job
Taking advantage of someone’s weakness to make them enter into the contract
Contentions in Commercial Lease
Who will pay for any repairs required in the property?
If Rents remain unpaid by the tenant what action to be taken? The decision rests with the landlord to sue him or give him some period to pay back.
Whether the property be sublet by the tenant? The attorneys help in this case to determine the implications of allowing the tenant to do so.
Disputes related to Promissory Notes
Promissory notes as the name suggests is a promise to pay by one party to the other and is legally enforceable. Secured promissory notes are easily enforceable as an asset is used as a collateral to ensure its repayment. However unsecured is filed against in the court.
The attorneys help plaintiff with getting monetary compensation, ensuring performance by defaulting party and reforming the contract with different terms.