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Business litigation defense: Fighting breach of contract claims

WEINER LAWInsightsBusiness litigation defense: Fighting breach of contract claims

Business Litigation Defense Friday, October 27, 2017

Contracts, businesses in New Jersey and elsewhere depend on them for security and success. What happens though if one is accused of not holding up his or her end of a business contract? Those facing such accusations can turn to a business litigation defense attorney for assistance.

When one is faced with breach of contract allegations, it means that one or more parties believe that there has been a failure to live up to the agreements made in a signed contract. Such accusations can come from a partner, supplier, employee or even a customer. In order to pursue a breach of contract claim, the plaintiff must:

  • Show that the contract was valid
  • Give evidence of a breach
  • Show that he or she lived up to his or her end of the contract
  • Notify the defendant of the believed breach — preferably in writing

Defending oneself in a breach of contract case may not be easy if the plaintiff can provide all of this information. However, this does not mean it is completely impossible. There are a number of defense options that may work in one’s favor. These include:

  • Claiming fraud
  • Claiming the contract was signed under duress
  • Claiming the contract was a mistake for both parties
  • Claiming that the statute of limitations has run out

Breach of contract claims can be settled in a number of ways with the help of a business litigation defense lawyer. It may be possible for a remedy to be sought through negotiations. This will keep the matter out of the New Jersey court system. If, however, alternative dispute resolution methods fail, then litigation may be necessary.

Source: thebalance.com, “What is Breach of Contract in Business Lawsuits?“, Jean Murray, Accessed on Oct. 21, 2017

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