What Is A Contract?
A Contract is a written or spoken agreement, especially one concerning employment, sales, or tenancy, that is intended to be enforceable by law.
What Constitutes a Breach of Contract?
Breach of contract can be defined as a broken contract, stemming from failure to fulfill any term of a contract without a justifiable, lawful excuse.
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract. They did not perform their part of the contract or they interfered with the other party’s performance.
When would the Judge Award Me Money?
1. You got the job done, but the check never came. You want to be paid.
2. You were promised something and based plans on that promise, but when the time came, you did not receive what was promised. For example, the contract promised a car in working condition and the car did not run. You may be able to make them hold to the original agreement (get the car fixed) and get damages because you had to rent a car in the meantime.
3. The contract is broken when it becomes evident the other party will not execute his or her end of the contract within the allotted time and you are facing a negative consequence because of it. If the village is going to fine you because you have trash to be removed by October 31 and the junk haulers haven’t done it yet, you can sue for damages.
4. The job is complete and you paid for it, but part of the job is not right and they won’t fix it. For example, you wanted your house to be painted white house with blue trim but instead you got a blue house with white trim and the painter refuses to redo it.
What Do I Need to Have to Take A Case to Court?
To take a case to court, you need to be able to prove:
1) The contract existed (trickier if it was verbal or implied)
2) The contract was broken
3) You have lost or will lose money because of it.
4) The defendant (person or business you’re challenging) was responsible.
Sometimes a letter from an attorney can motivate the contract violator to reach a settlement. Call our office today at (312) 558-9100 for a free phone consultation to discuss your situation.