Breach of contract is a phrase typically used to explain a situation where one of the terms of the contract, for example, the words written in the contract is not performed according to what is written in the contract, not performed at all, or by some other reason.
Contracts are documents also known as agreements, which are normally made up of specific instructions, time frames for doing or not doing things, obligations on all parties involved in the contract, rights of each party to the contract, and other legal things such as jurisdiction or dispute resolution which may also be included in a contract.
When a contract is breached and you do not have an understanding of contract law or law surrounding contracts in Perth Western Australia or elsewhere, and you choose to interpret the contract without qualified legal advice by a Perth lawyer, you may be doing yourself more harm than good.
In an event of a breach of contract legal dispute situation, there is always a weaker party to a contractual dispute and it is not always an easy task to know the options available to each party involved, and if you get it wrong, court action may follow and you may need to spend more time and money to solve the legal contractual dispute.
What to do generally when there is a breach (in a very general sense):
The first task in a breach of contract dispute situation would be to understand the terms of the contract. This requires carefully reading each and every word of the signed contract.
The second task would be to discuss the situation with the other parties involved and decide whether the contract should continue or end. Depending on how friendly the parties are in openly communicating with each other, this may require the assistance of a Perth lawyer.
The third task would be to make any demands to the other parties involved in the contract. If the demands are not met, consider legal advice by a Perth lawyer.
The fourth task would either be to amend the existing contract (if demands are met) or to take legal action if the demands are not met.
Some misconceptions surrounding lawyers in Perth and contract law or contractual disputes situations.
Misconception: A Perth lawyer does not need to read the contract to understand the contract and whether a breach of contract has occurred.
Correct Answer: All lawyers in Perth will first tell a potential client involved in a breach of contract situation to send the contract through so they can read the contract and understand the terms of the contract.
Misconception: A lawyer in Perth whom I consult to deal with a contractual dispute should not charge for reading the contract.
Correct Answer: All lawyers in Perth work differently and this means that they may or may not charge you for reading a contract. This is rare though, as generally lawyers would charge for reading.
Misconception: Lawyers in Perth who only do commercial work can help with contracts and contractual disputes.
Correct Answer: Lawyers in Perth who do general litigation work are probably the best first point of contact in terms of contractual disputes and breach of contract situations. Commercial lawyers may be useful in drafting contractual work.
When you choose to terminate a contract, some contracts will set out the way in which you can terminate the contract. Other contracts may not provide such termination terms and will require legal advice in order to understand the terms of the contract or the missing terms in the contract.
Perth lawyers can help in a breach of contract situation. The way a lawyer advises clients in relation to a breach of contract situation is by explaining to their client or clients’, their legal rights, obligations and consequences.
A client involved in a breach of contract rarely understands the terms of the contract with sufficient understanding to know what can or cannot be done. It is always advisable to seek legal advice from a Perth lawyer, preferably a litigation lawyer.
If you are a party involved in a legal dispute whereby there is a potential breach of contract or existing breach of contract, it is best to get early legal advice as to the terms of the contract to understand what you can or cannot do.
Some contracts are time sensitive, so it is always advisable to do not wait before obtaining proper and full qualified legal advice from a Perth lawyer.
If you have contractual issues regarding a Perth contractual dispute or legal advice regarding an existing contract, and you would like to discuss this contractual agreement, please feel free to reach out to us on (08)63890270 or email jay@bmslaw.com.au directly to associate lawyer Mr. Jay Mohan Singh.
We also review contracts.