Next Possible Steps To Sue If Your Contracts Have Been Breached

October 19, 2019    Civillawyers
Next Possible Steps To Sue If Your Contracts Have Been Breached

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.


What does Australian contract law states?

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:         

  • Agreement
    This has to be done mutually between the contracting parties and under no circumstances, an agreement can be done unilaterally.
  • Considerations
    This includes the bargain which can be anything from money to the property to some kind of services or any other assets
  • Capacity
    This deals with the party’s entry within legal relations i.e. they should have legal registration and papers along with sound healthy mind and legal age
  • Intentions
    This specifies that the intentions of the signing parties should be clear and should be properly mentioned in the contract.
  • Certainty
    And finally the last pillar of a contract i.e. certainty of the signing parties that they have to finish or complete their due services/responsibilities/payments or any other role mentioned and agreed upon in the contract. Note that the absence of any of the aforementioned 5 elements indicates that the contract doesn’t follow any law agreement. And thus any lawsuits cannot be enforced.

What is a contract breach?

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.

  • The material 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.

  • Minor breach

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

  • Anticipatory 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.

  • Actual breach

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.

What to do in case of breach of contract?

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.

  1. For this begin with making sure that you contract complies with all the five components of a contract
  2. Once you have ensured that reach out to expert contract law firms like Civil Lawyers Perth and their experts can brief you about the whole situation you are in and your next moves in no time
  3. In general, you need to assess which kind of breach you are facing and the measures likewise vary accordingly.
  4. In case of material or fundamental breach you can very well sue the party.
  5. In case of anticipatory or repudiation breach you can either accept the repudiation and terminate the contract, keep affirmed to the contract terms and ask for compensation in case you are facing loss or do nothing which is as same as staying affirmed
  6. Generally, minor breaches don’t have severe repercussions however in case of a serious breach in some intermediate terms or if the party keeps on missing important terms leading to a series of breach you may terminate the contract and ask for compensation.

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!

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