If you’re a business executive in the United States, seeking knowledgeable and experienced legal guidance concerning breach of contract, it’s essential to have an understanding of the pressing need for quality counsel. A breach of contract can be very challenging to manage and without the right support and resources, it can quickly escalate into a more significant issue that incurs substantial costs and consequences.

It’s not difficult to locate quality legal counsel resources. With the right preparation and research, business executives can find counsel that have an understanding of the local regulations, specific to the state they are based in. In this article, we will provide an overview of breach of contract, including why it’s an important issue and why it’s essential to have the best counsel to help protect your business.

Overview of Breach of Contract

A breach of contract is a situation in which one or both parties involved in a contractual agreement fail to fulfill their stated obligations. Contracts are legally enforceable agreements between two or more parties and provide terms under which each side agrees to act. Generally speaking, a contract is valid and binding when two or more parties voluntarily enter into an agreement that is both legally enforceable and legally binding.

However, when one of the parties fails to fulfill their obligation, it can lead to a breach of contract. Business owners should never sign a contract if they are uncertain of their ability to comply with the terms. Furthermore, they should always make sure they’re entering into a valid and enforceable contract.

Types of Breach of Contract

Breaches of contract can be divided into two categories: material and immaterial breaches. Some of the most common types of material breaches include the failure to perform a stated obligation of the contract, the non-payment of money owed, or significant delays in completing a task. On the other hand, an immaterial breach relates to a minor mistake or error in the performance of the contract.


If a party breaches a contract, the nondefaulting or nonbreaching party may seek an appropriate remedy. Depending on the type of breach of contract, remedies may include:

Damages: When one party breaches a legally binding contract, they risk having to pay damages depending on the extent of the breach.

Specific Performance: When damages are inadequate and the defaulting party breaches a contractual obligation, the non-defaulting party may seek a court order to compel the other party to fulfill their contractual obligations.

Cancellation and Restitution: In some cases, it may be appropriate to cancel the contract and receive restitution for any damages that have been incurred due to the breach.

Concluding remarks

Business executives should understand that breach of contract can quickly become a serious dilemma that requires professional legal guidance. Working with experienced counsel, that have knowledge of the local regulations pertaining to the state in which the business is based in, is essential in helping to protect a business.

UpCounsel is a great resource for those seeking quality counsel and attorneys. From small businesses to the Fortune 1000, innovative companies of all sizes can trust UpCounsel and its attorney community. UpCounsel’s network of experienced lawyers have an average of 14 years of experience and all profiles of online attorneys display client ratings and reviews of recent work.

When you entrust UpCounsel with your business’ legal requirements, you can always be assured that you’ll receive quality legal support whether you just need a single consultation or an entire freelance legal department.


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