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Contracts/Contract Dispute

Aanlegal > Other Practice area > Contracts/Contract Dispute

Contracts/Contract Dispute

 

What is a Contract Dispute?

A contract dispute occurs when any party in a contract has a disagreement regarding any of the contract terms or definitions. In order for a contract to be valid, there must be a “meeting of the minds.” This means that all parties need to have a solid understanding of every contract term, and must be in mutual agreement as to the terms. Without a mutual agreement, the contract is not legally valid and may be contested in court.

In contract law, a contract dispute is usually considered a breach of contract, meaning that a party failed to perform a duty or promise that they agreed to in the contract. There are two different types of contract breaches: Material Breach and Minor Breach.

 

Material Breach: A material breach in a contract occurs when a party fails to perform a contractual duty and the breach is so crucial and deep that it makes the agreement or purpose of the contract irreparable. Usually this occurs when the heart of the contract is not satisfied because of the breach. When a material breach occurs, the non-breaching party does not have to perform their end of the contract and can sue the breaching party in return for any damages caused by the breach.

 

Minor Breach: A minor breach occurs when there is a breach of contract by a party, but the breach is very minor and does not disrupt the heart of the contract. When minor breach occurs, both parties must still carry out the remainder of the contract, but the non-breaching party may sue for damages.

 

What Are Some Common Contract Disputes?

Contract formation can often be a lengthy and involved process. There are many steps that need to be fulfilled along the way. In order for a valid contract to be formed, there must be: 1) an offer, 2) an acceptance of the offer, and 3) some form of consideration (or payment) for the goods or services at issue. Contract disputes can during any of these steps.

Some common types of contract disputes may include:

  • Issues with drafting and reviewing a contract
  • Offer and acceptance disputes
  • Mistakes and errors concerning the terms of the contract
  • Disagreements as to the meaning or definition of a technical term
  • Fraud and coercion—there is no “meeting of the minds” if a person is forced or tricked into signing the contract
  • Fraud
  • One party acting in bad faith

Even if a contract is properly formed, there may be disputes as to the performance of contract duties. If a party fails to perform their side of the bargain, it can cause a legal dispute. For example, if a seller fails to deliver goods that were purchased by the buyer, then the buyer my seek various legal remedies for “non-performance” of the sales contract.

 

What Are Some Remedies for Contract Disputes?

Remedies for contract disputes are usually divided into two main options: legal remedies and equitable remedies.

 

Legal remedies usually involve a monetary damages award paid to the plaintiff for their losses.

 

Equitable remedies involve the parties taking certain actions to correct the contractual dispute. Examples of these include rewriting the contract to correct errors, or requiring the breaching party to perform their contract duties.

In most cases, the parties will be able to choose between either legal or equitable remedies.

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