Breach of contract is a pretty common legal matter and the stats are pretty high when one starts jotting down the numbers. So when you are feeling breached by your contract parties and planning on suing them it’s best to get a brief idea of Australian contract law and different types of contract breaches possible and their possible legal measures.
The Australian contract law deals with legal promises made mutually during a contract where the parties agreed upon some sort of deal or bargain on their free will. Thus for a breach of contract claim first start with ensuring the contract comes at par with the Australian contract law specifications. As per Australian contract law, there are 5 elements binding with each other forming a legal contract. They are:
A breach of contract happens when one of the signing parties fails to fulfill their obligations agreed upon. This can also occur when the party intentionally or unintentionally shows their unwillingness to fulfill the obligations. Remember that not all cases of contract breach can lead up to situations like termination of contract and thus care should be taken before you go for suing for breach of contract to the parties.
Here are the major forms of breach of contract.
This is considered the most fundamental and most severe kind of breach. Generally, you can sue a person or party in this kind of breach when one of the major key elements in the contract is not provided or undertaken just like agreed in the contract.
A common example cited from daily lives can be when you buy some sort of assembled products and the seller only provides you parts of it, they are clearly breaching your contract with them. This is the most common form of breach faced every day. Some of the leading breaches of contract lawyers of Perth like Civil Lawyers Perth WA, have specialists dealing in such material breaches who can provide you with exact solutions. Generally in such breaches, the contract deems to be ended. And in case you are the party who has suffered the breach stands in a position to claim for compensation or any damage coverage.
Now it is important to understand and distinct minor breach from material breach carefully. Remember that not all breach can come under material breach category deeming to end the obligations of the wronged party. Taking a corollary from the above-mentioned example in case you are buying an assembled product and few pages of the user manual is missing or something as minute as such, those breaches come under minor breach category. Generally, such breaches don’t lead to termination of the contract but the party does need to remedy the breach
The third category of breach although not the common is the anticipatory breach type. This happens when one of the parties already states that they will not fulfill their part of the contract even before they are due. As per specialists contract drafting lawyer like Civil Lawyers Perth WA in such situations as well you as the wronged party is entitled to claim for remedies.
The last but not least, an actual breach is the most significant type of breach in contract. This happens when even after the time passes for the party to perform their part of task they fail to do so or they deny in fulfilling their parts.
In case you feel that you are being wronged due to some breach of contract there are plenty of ways to charge for remedies and compensation also you can take other legal actions to put some bars on the breaching party’s actions.
Breach of law although is a very common civil offense. However, as per the new Australian Contract Laws, these are taken extremely seriously. Thus, if you are facing any kind of breach it’s best to ask expert civil lawyers for their opinion and proceed on the way of legal battle, with support from top legal experts!