Contracts are a central part of doing business in Texas. Agreements can be relatively minor, or they could reshape the face of entire industries. When one or both parties fail to uphold their end of the bargain, the consequences can be substantial.
If you think you have a viable breach of contract claim, it could be time to speak with legal counsel. An experienced business attorney could evaluate the terms and advise you on the strength of your case. Instead of assuming you lack options, let a San Antonio breach of contract lawyer at Begum Peláez-Prada PLLC advise you on your legal rights.
Just because two parties disagree with the terms of a contract does not mean there has been a breach. When it comes to litigating these disputes, the burden of proof is on the plaintiff to show that the language of the agreement was violated. This multi-step process is especially challenging without the support of a qualified San Antonio breach of contract attorney.
The first step is to show that a valid, enforceable agreement between the parties exists. If the court determines the contract is unenforceable, there is no way to establish a breach.
Next, there must be evidence that the defendant failed to materially perform their obligations. This is the primary issue in these cases, as a substantial failure to comply with these duties is necessary for viable legal action.
The plaintiff’s obligations are also relevant in these lawsuits. To recover a monetary award, the filing party has to show that they complied with their part of the bargain. Alternatively, they must be able to establish that they were excused from compliance. This happens most often when their actions rely on the defendant acting first.
Finally, there must be measurable damages related to the breach of contract. Even if all of the other elements are present, a plaintiff cannot recover a monetary award if they are unable show they were harmed in a material way.
Not all breaches are treated equally. The law recognizes that breaking the terms of a legally binding agreement is possible in both minor and material ways. Both are important, and each can impact potential litigation.
A minor breach of contract is still a serious matter. Failure to meet the obligations written into the agreement could result in monetary damages if the plaintiff can show that they were harmed. Typically, agreements continue after these disputes are resolved.
A common outcome for material breaches is ceasing the performance of the contract entirely. This is an extreme result but is often necessary when the defendant’s behavior is particularly egregious. In these cases, the plaintiff can ask for damages, seek to rescind the agreement, or some combination of the two.
A knowledgeable lawyer in San Antonio, like Sasha Begum, could review the nature of the agreement to determine if a breach of contract occurred. They could also determine what the appropriate remedy should be.
Before you pursue legal action on your own due to a business dispute, you should know if any legally binding agreements might stand in your way. Call a San Antonio breach of contract lawyer at Begum Peláez-Prada PLLC to discuss your options.
