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Breach of Contract Claims


A contract is a lawfully binding agreement that creates obligations that can be enforced by law. Contracts are fundamental to commerce, governing a wide range of business relationships and transactions. Contracts outline rights, duties, and expectations between parties. When there is a contract, each party has the right to enforce it if another party fails to fulfill their contractual obligations. This is called breach of contract. If a party to a contract fails to live up to the terms of the agreement, the aggrieved party can file a breach of contract claim. Breach of contract claims are among the most common disputes in commercial litigation. In this article, we discuss forms of breaches of contract and the potential remedies available to aggrieved parties.

Forms of Breaches of Contract

In commercial litigation, breaches of contract can take a variety of forms. The following are some of the types of breaches of contract in commercial litigation;

Material Breach of Contract

A material breach, also called a fundamental breach, arises when a party fails to perform a substantial and essential aspect of their obligation under the agreement, making it impossible for the non-breaching party to receive what was agreed to. This is the most serious type of breach of contract. For instance, if a party fails to supply a product that is fit for the purpose, a material breach of contract has occurred.

Partial/Minor Breach of Contract

This type of breach occurs when a party to the contract fails to perform a non-essential or minor aspect of their contractual obligations. However, this type of breach can still cause harm to the non-breaching party. It can result in financial loss.

Anticipatory Breach of Contract

An anticipatory breach of contract occurs when a party to the contract communicates their intention not to fulfill their contractual obligations. This communication may happen through words or actions.

Potential Remedies in Breach of Contract Cases

When a breach of contract occurs, the aggrieved party may be able to seek various legal remedies. The following are some of the potential remedies in breach of contract cases;


Monetary compensation is the most common form of remedy for a breach of contract. After a breach of contract occurs, the aggrieved party can recover various forms of damages, including;

  • Compensatory damages: Aimed at compensating the wronged party for the actual financial loss sustained due to the breach.
  • Liquidated damages: These are listed in a contract as part of the agreement.
  • Punitive damages: These damages may be awarded in cases of egregious breaches.

Specific Performance

The breaching party may be ordered to fulfill its contractual obligations as initially agreed. This type of remedy is used when monetary compensation is insufficient to remedy the harm caused by the breach of contract.

Cancelation and Restitution

The aggrieved party can cancel the contract and then seek restitution equal to the benefit they provided to the breaching party. In other words, cancelation and restitution restore the aggrieved party to their financial state before the breach.

Contact Our Deerfield Beach Business & Corporate Law Attorney

If another party has breached a contract or you are being accused of breaching a contract, contact our Deerfield business & corporate law attorney at the Law Office of Adam L. Skolnik, P.A., for legal help. We help clients in Florida, including Fort Lauderdale, Boca Raton, Broward, and Palm Beach counties.

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