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Pursuing a Civil Lawsuit for Breach of Contract
When you agree to a contract, you expect that it will be honored. You will likely also take future actions based on the presumption that the agreement will be kept. When a party breaches a contract, the other parties to that contract have legal recourse and can bring a civil lawsuit.
Identifying a Breach of Contract
The first step in pursuing a civil lawsuit for breach of contract is identifying that there has been a breach. A breach can occur one of three ways:
- Failing to perform as promised.
- Making it impossible for the other party to perform.
- Repudiating the contract (communicating an intent not to perform).
Breach of Contract Damages
Next, you must determine what types of damages are available. Sometimes, the contract itself will set damages in case of a breach. These types of damages are called liquidated damages. If there is no such provision, or if such a provision is determined by the court to be unenforceable, the court will consider two other major types of damages.
The first type of damages is monetary damages. These damages include compensatory damages, which will repay you for your losses. Monetary damages can also include consequential and incidental damages, which are foreseeable damages, although they are not commonly awarded. Attorney’s fees and punitive damages may also be available, depending on the facts of the case.
The second kind of damages is called specific performance. This means that the court will order that the party in breach fulfill its original obligation under the contract. Specific performance is rarely rewarded, because it tends to be awkward for the court to impose. It is typically reserved for contracts with a unique subject matter, such as those involving real estate or personal property.
Contact a Milwaukee, WI Breach of Contract Lawyer
If you believe that you are a party to a contract that is in breach or is about to be in breach, you should contact a qualified Milwaukee, WI civil litigation attorney. Speaking with a lawyer does not mean that you will have to file suit. In fact, our firm always seeks to reach an agreement out of court, if possible.
However, if our client is not offered a fair deal, we will file a suit and even seek relief at the appellate level if necessary. By contacting our firm as soon as you believe there could be a breach, we will be able to review your contract, learn about your business or personal situation, and determine your best options for obtaining relief.
Contact Gimbel, Reilly, Guerin & Brown, LLP at 414-271-1440 to schedule a consultation with our attorneys.
Source:
https://www.americanbar.org/content/dam/aba/migrated/publiced/practical/books/family_legal_guide/chapter_9.authcheckdam.pdf
