Breach of Contract
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Breach of Contract Attorney – Chicago
What it is, and What You May do About It
We believe that when you say you will do something, you should do it. A person is only as good as his or her word, and when someone makes a promise to you and then fails to keep that promise it can cause your business to suffer serious loss as a result. At Gentleman Law we are here to help you with all of your breach of contract issues.
What is breach of contract?
Simply put, a breach of contract is when a party promises to do (or refrain from doing) something and then fails to keep that promise. It can be as clear cut as promising to deliver 100 widgets on the 1st day of the month and then delivering 75 widgets on the 23rd day; on the other hand, it can be as nuanced as promising to make a good faith effort at reaching a certain result and then only putting in a halfhearted attempt to do so.
Sometimes, especially in the world of complex commercial litigation, the most difficult part of a breach of contract case is actually determining whether a cause of action even exists. A cause of action is a legal term that means a party has been aggrieved by the action or inaction of another party, and the first party has the standing (or, the legal right) to sue.
Because a breach of contract case can cause a great deal of harm to your business—and because sometimes that harm is not readily apparent—it is important that you contact an experienced attorney for help in evaluating your situation and determining whether a contract has been breached.
Even if a contract has been breached, it may not always require litigation to resolve the matter, especially if the breach is an immaterial breach.
Immaterial breach
An immaterial breach exists in a situation where a contract has undoubtedly been breached but, at the same time, the harm that has been suffered is minimal or non-existent. For example, if A contracts with B to provide B with 1,000 widgets so B can sell them to his customers, it would be an immaterial breach if A only provides 999 widgets (especially if B only sold 500 of them in any event).
It is important for you to know when a breach is immaterial because identifying it as such can help you save money that you might otherwise spend litigating a contract. We are happy to help you evaluate your options and we will be honest and tell you when litigation would cost you more than whatever benefit it might bring.
Material breach
On the other hand, a material breach exists in a situation where a contract has been breached and as a result the non-breaching party suffers significant damage. For example, if A contracts with B to provide B with 1,000 widgets so B can sell them to his customers, it would be an material breach if A only provides 25 widgets—especially if B sold out of widgets and had to turn customers away.
A material breach can have serious consequences for your business. For that reason it is crucial that you retain experienced legal counsel who can help you identify the breach, evaluate your options, and take steps to mitigate the damages while at the same time seeking redress from the breaching party.
Damages
When you are involved in a breach of contract situation, you may have a number of different outcomes you could ask the court for. The first would be an award of damages—the amount of money that the breach cost your business.
If you have a breach of contract situation and you intend to ask for damages, you need an attorney who knows corporate litigation in order to fully assess the impact that the breach will have on your business. Sometimes the result of the breach is as simple as a certain amount of lost sales; other times, it is highly complex and can involve damages for loss of business name-brand recognition, goodwill, and other intangible damages. We are ready to assist you in determining exactly how problematic a given breach of contract will be, and we are happy to help you fully assess the impact of the breaching party’s actions.
Another remedy that may be available to you is specific performance. Specific performance is where you ask the court to force the breaching party to perform the contract. The breach of a contract to provide a unique item or an item with special significance would often be remedied only by specific performance.
Contact us today
If you have a situation where a contract has been breached, you should seek legal counsel immediately. We are here to help evaluate your situation and assist you in taking whatever steps are necessary to make you—and your business—whole.
Turn to an experienced Illinois attorney for help
Gentleman Law has been helping clients with breach of contract and contract dispute issues for more than 16 years. Call (312) 741-1039 or contact Gentleman Law online today to discuss your case, free of charge. The office is centrally located in the Loop near Daley Plaza just steps from the Cook County Courthouse and the federal courthouse. Spanish is spoken in the office for your convenience.
