Logo

SAVE up to 67% vs. a typical high street Solicitor

Providing Accessible and Affordable Legal Services to All

[email protected]
0151 230 8931

  • Home
  • About Us
  • Blog
  • Legal Services
    • Breach of Contract Claims
    • Consumer Rights
    • Debt/Money Claims
    • Deed Polls
    • Direct Access Barristers
    • Flight Delay Claims – Regulation 261
    • Landlord & Tenant Disputes/Claims
    • Legal Costs
    • Legal Document Drafting
    • Paralegal Support
    • Process/Document Serving
    • Reduce your Solicitors’ Bill
    • Small Claims
    • Will Drafting
    • If we can’t help, try…..
      • Direct Access Barristers
  • Downloads
  • Testimonials
  • Contact Us
  • Client Area
    • Pay your Invoice
    • Document Management

Suing for Breach of Contract

June 29, 2018 By White Collar Legal and Admin

Whether you’re buying a new car or selling your goods online, the chances are that you will have entered into a contract with the other party involved.

Having the contract in writing is always a sensible idea, as it protects both buyers and sellers and ensures that, if either party were to breach the contract, there would be consequences.

However, even when threatened with legal repercussions, it’s simply not possible to stop a party for breaching a contract should they want to, leaving you with no other choice than to take legal action.

But before we delve into the actions that you can take, it’s important to clearly define exactly what a contract is.

Contracts begin when two or more parties enter into a legally binding agreement, which can be made in writing, communicated orally, or through an agreement by way of conduct.

Contracts centre around three key points; an agreement, an intention to create legal relations, and consideration (i.e. one party says that they will do something in return for something else). One example of consideration is when money is exchanged for food in a restaurant; a customer and a restaurant have entered into an agreement or contract.

It’s the consideration that gives value and weight to a contract and is the most important aspect when considering legal action against a party over a breach of contract.

Breaching a contract

If one party fails to fulfil their side of an obligation, or they break the terms and conditions set out in an agreement, they have breached the contract. There are a number of ways that parties can breach contracts, but typically involve the failure to pay or the non-delivery of goods or services.

Suing someone for breach of contract

Suing for breach of contract is not always the most straightforward of processes, and you must overcome three legal hurdles to prove that your contract was breached.

The first legal hurdle is to deliver proof of the existence of a contract. A written, signed contract should be your first port of call, but other documentation, such as letters, emails, text messages, invoices and conduct can be used in substitute of a written contract in the majority of cases.

Once you have collected proof that you entered into a contract with another party, you must show that the contract has been breached. Evidence must be given to state the obligations of the accused, and that those obligations were not met (or breached), or that goods or services were not delivered to the obligated standard. Such evidence can be submitted as photographs, video files, expert testimonials or physically delivered to a court for inspection.

The final hurdle that you must overcome in order to successfully sue someone for breach of contract is showing the loss. As the injured party, it’s your responsibility to provide evidence that you suffered loss as a result of the breach of contract, and that you should be compensated as a result. Evidence can be provided in a number of methods, such as profit and loss sheets, client orders and contracts with end customers, and other written documentation.

Most claimants sue for loss that was a direct consequence of the breach of contract, but you can also claim for indirect losses. Claiming for such losses, however, is more complicated.

Before you consider suing for breach of contract, it’s important to note that, even if a court was convinced that you suffered loss as a result of a breach of contract, the process of assessing and then verifying the losses can be a long and drawn-out process, and can also be expensive.

Legal remedies for breach of contract cases

If you successfully manage to persuade the court that you suffered losses as a result of a breach of contract, then you could be entitled to receive monetary damages. Most commonly, damages are awarded to help the injured party return to the same position they would have been if the contract had not have been breached.

Is suing for breach of contract worthwhile?

It is natural to feel angry and disappointed when a company fails to deliver their end of the bargain or breaches a contract, but before you launch into a claim, you should assess your merits and evaluate whether it would be cost-effective to pursue a claim against the company.

Pursuing a breach of contract can often be an expensive and time-consuming process, and may cost you more than you lost in the first place.

There’s also the relationship between you and the contracting party to consider; suing for breach of contract could lead to long-term challenges and damage relations between the two parties, something you wouldn’t want to do in haste.

However, there are times when suing for breach of contract is the only way to resolve an issue and receive damages for the losses incurred. If you would like to find out more about breach of contract cases, don’t hesitate to get in touch with White Collar today on 0151 230 8931.

Filed Under: Blog Tagged With: Breach, Breach of Contract, Civil Litigation, Claims, Consumer, Contract, Contract Breach, Legal, Legal Services, Litigation

Reasons to Talk to Us

SAVE up to 67% versus a typical high street solicitor
FREE Initial consultation
Fully Insured, Experienced and Regulated
White Collar has the knowledge and expertise you need
We are easy to talk to and give advice in plain English
If we can’t do the job, we know someone that can
Nationwide and Worldwide coverage

Contact Us

  • 1 Old Hall Street, Liverpool, L3 9HF
  • [email protected]
  • 0151 230 8931
  • 0151 808 1320

Online Enquiry

* indicates required field
IMPORTANT NOTICE: The information you provide will be only used by us to administer your enquiry and any response. Use of this form does not create an attorney-client relationship and information transmitted will not necessarily be treated as privileged or confidential. If you are a client, please get in touch with your usual firm contact directly for the most timely response.

Twitter

Tweets by @WhiteCollarQPAS

Services for Solicitors

We provide Costs Drafting, Advocacy, Locum Fee Earner and Litigation Support services to Solicitors:

Costs Drafting

We have 13 years experience in Civil & Commercial Litigation, Personal Injury and Costs therefore we are able to draft bills accurately and in a compliant manner to ensure maximum recovery at speed and at low cost.

Our payment terms are also competitive:

  • Bill drafting fees reduced as per recovery – ensuring that we will recover the most we can for you;
  • Fixed negotiation fees – to ensure speed and efficiency;
  • Quick turnaround with maximum settlements – to aid your cash flow;
  • Capped fees for Paying Party work;

We are simply interested in good, honest costs drafting, negotiation and advice and our aim is to ensure that your needs come first.

Therefore, unlike other costs drafting firms, we will provide you with the advice before negotiation commences so we both know where we stand in terms of likely recovery and cash flow.

With a FREE Courier Service, we not give us a try for one file and compare us.

Locum Fee Earner/Litigation Support

Having over 12 years experience in civil litigation, We have been assisting solicitor firms with their busy case loads by acting as a fee earner within their firms.

Advocacy

We are able to cover hearings across the North West and North Wales (we can travel further if needed) as your agent for Infant Settlement Approval Hearings, Possession Hearings (Landlord/Tenant and Mortgage) and Costs Hearings.  We can also cover applications, small claims and enforcement hearings.
With fixed fees being applied in many cases, we understand that the lower you pay for advocacy services, the more profit costs you keep for yourself therefore, our fees are reasonable and for most of our local Courts are even cheaper than those charged by the major advocacy agencies.

Administration Services

With over 10 years administration experience, White Collar can offer a wide range of services to assist you and your business in achieving its goals as well as allowing you to save time on things that matter most – your business. The following list is an example of those services offered by White Collar.

  • Copy Typing
  • CV Drafting
  • Data Entry
  • Form Creation
  • General Administration
  • Invoice/Receipt Management/Creation
  • List Building
  • Mail Forwarding/Scanning
  • Online Contact Management
  • Online Diary Management
  • Online Services
  • Powerpoint Presentations
  • Spreadsheets
  • Word Documents

White Collar Legal & Admin

We have over 13 years legal and administrative experience so we can help you with your most of your legal and admin needs.

Reasons to Talk to Us

SAVE up to 67% versus a typical high street solicitor
FREE Initial consultation
Fully Insured, Experienced and Regulated
White Collar has the knowledge and expertise you need
We are easy to talk to and give advice in plain English
If we can’t do the job, we know someone that can
Nationwide and Worldwide coverage

Like us or follow us

  • Facebook
  • Google+
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

We are members of…

PPR Practising Certificate

Business Approval Register

Lawshare

Civil Litigation solicitors Wirral

Clerksroom Direct

PPH Logo

Privacy Policy | © 2023 White Collar (Legal and Admin) Ltd
Website hosting by Lift Legal Marketing · Log in


The White Collar & Scales Logo is a registered trademark owned by White Collar (Legal and Admin) Ltd. White Collar (Legal and Admin) Ltd is a company registered in England and Wales; Reg No.09105650; Registered Address: 1 Old Hall Street, Liverpool, L3 9HF. VAT Number: 273 5212 16.

Data Protection Registration: ZA069814. Our Privacy Policy can be accessed by Clicking Here
Philip Nam F.Inst.Pa G.CILEx Q.Med.Pa (Director) is a Fellow of the Institute of Paralegals (member#207496) and is authorised and voluntarily regulated by the Professional Paralegal Register.
The legal information given on this website is subject to our Legal Information Disclaimer which can be accessed by Clicking Here (opens in a PDF)
Our website use disclaimer can be found by Clicking Here (opens in a PDF)

This site tracks visits anonymously using cookies. Close this dialogue to confirm you are happy with that or find out more in the Privacy Policy. Agree and close
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT