The Contract Sets Out the Rights
The contract will determine the rights of the parties in the contracts dispute. The contract needs to be constructed by reference to its context, purpose and text (or verbal terms). Some terms will be express whilst others may be implied.
Understanding the Breach of Contract
It is usually necessary to spend time understanding the factual circumstances leading to the breach of contract. Some breaches are serious whilst others are not so that different rights flow from the breach.
Bringing the Claim for Breach of Contract
The plaintiff will assert there was a breach of the contract, and demand payment or damages. The defendant may agree and settle or decide to dispute the allegations of breach.
Defending the Breach of Contract Claim
The defendant will typically contest the facts and sometimes the existence of terms or the contract itself. The defence will usually also dispute the quantum of the claim. Much depends on the case.
Potential Scenarios - Contracts Disputes
- Questions about the construction of a Deed and whether, for instance, a clause within a deed acts as a bar to proceedings;
- Disputes between landlord and tenant, regarding commercial leases, about whether the lease was validly terminated or not;
- A dispute between the vendor and the purchaser, before exchange of contracts, as to whether a contract exists and was formed;
- When the vendor or purchaser delays completion, in a contract for the sale of land, it may be possible to seek specific performance;
- A claim by a purchaser against a vendor for loss of bargain damages, on a contract for the sale of land, because the vendor's title was defective such as under s 54B of Conveyancing Act;
- When a purchaser seeks to recover/refund money paid as a deposit from the vendor (or agent), under a contract for the sale of land, because the vendor's title was defective under s 55 of Conveyancing Act;
- An order from the Court, under s 66G of the Conveyancing Act, to put an end to the co-ownership of land (usually in cases of joint tenancy) by way of statutory sale. If granted the property will be held on a statutory trust by two or more trustees. The Court would have control over such Trustees under s 66E of the Conveyancing Act.
- Disputes about simple contracts covering factual disputes, disputes about terms and quantum.
Our Contracts Dispute Lawyers Help You:-
- determine if there is a contract to begin with;
- know if the contract had to be in writing;
- consider the role of promissory estoppel;
- understand the role of privity of contract;
- determine the actual and implied terms of the contract;
- construe the constract and its meaning;
- appreciate the meaning and application of terms that limit liability;
- pursue your rights such as restitution;
- consider the validity and enforceability of contracts;
- deal with breach(es) of contract;
- deal with repudiation or repudiatory conduct;
- determine whether the contract has been discharged by frustration;
- get such contractual damages where there is a relevant breach of contract;
- deal with contracts that are illegal or in restraint of trade;
- with debt collection in larger matters;
- review your contract and its terms to point out matters that need to be clarified.
- bring your claim for breach of contract or conduct the defence of it.
As litigation lawyers we help with:- contractual agreeement, clauses that are uncertain and incomplete, conditional contracts, contractual consideration, promissory estoppel, waiver and discharge, contracts that need to be in writing, the meaning and construction of contracts, whether a term is implied into a contract, limiting liability, repudiation of contract, breach of contract, validity and enforceability of contracts, frustrated contracts, interference with contractual relations, mages for breach of contract, consumer rights and protection, post employment restraints and non-compete clauses, disputes between business partners, joint venture disputes, rescission of contract, home building claims, home building act matters, home building time limits, home building contract matters, statutory warranties under the home building act, and home building disputes.
Often this will involve a letter of demand, without prejudice letter, wrapping it up with a deed of release or going to court. Schedule a conference on T: +61 2 9199 4530 to discuss your legal options and potential strategies.
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.