Many individuals have likely faced or are currently facing situations where they entered into a contract with another party but unfortunately, not all parties subject to contractual obligations follow through on their promises to others. A violation of terms of the contract can cause a variety of challenges for a business.

What is a violation of terms of the contract?

A violation of the contract occurs when one party fails to fulfill its obligations as outlined in a legally binding agreement, leading to a violation of the terms and conditions specified in the contract.

This failure to perform can manifest in various ways, such as:

  • Party not delivering goods or services as promised.
  • Not meeting agreed-upon deadlines.
  • Deviating from the stipulated terms.

When a breach occurs, the non-breaching party may be entitled to remedies such as damages, specific performance, or termination of the contract, depending on the nature and severity of the violation, as well as the terms outlined in the agreement and applicable legal principles. Legal action may be pursued to enforce the contract and seek compensation for losses incurred due to the breach.

Types of Contract violations

There are a number of different types of contract violations, including:

  • Minor violation: Also known as a partial breach or immaterial violation, a minor breach occurs when a party fails to perform a relatively minor or insignificant part of their contractual obligations. The breach does not go to the core of the contract, and the non-breaching party is still able to receive the substantial benefits of the contract. In the case of a minor breach, the non-breaching party may be entitled to claim damages, but they are generally still required to fulfill their own obligations under the contract.
  • Material violation: A material violation is a significant and substantial failure to perform a crucial aspect of the contract. It goes to the heart of the contract and deprives the non-breaching party of the substantial benefits they expected to receive from the agreement. A material breach is often considered a fundamental violation of the contract, and the non-breaching party may be excused from further performance under the contract and may be entitled to seek remedies, such as specific performance or termination of the contract, in addition to claiming damages for their losses.

Further, a breach of contract generally falls under one of two categories:

  • Actual breach: When one party refuses to fully perform the terms of the contract.
  • Anticipatory breach: When a party states in advance that they will not be delivering on the terms of the contract.

How to Avoid a Violation of Terms of the Contract?

To avoid a violation of the contract, you should check any contract you sign for three things:

  1. Clarity

The language of the contract should be clear and precise. If the other party is not a native speaker of the language the contract is in, it may be worthwhile to hire an interpreter to ensure that everyone understands their roles and expectations under the contract.

  1. Expectations

You and any other parties signing the contract should understand the expectations it outlines and already know that you are able to fulfill them. Your ability to meet those expectations should not rely on future amendments because those may not happen.

  1. Legality

In order to be binding, your contract needs to be legal where it is signed. If you are not sure, work with a lawyer who specializes in contract law before anyone commits to signing.

How can we help?

“Consortio Law Firm” can help with legal claims for breach, termination, consequences and remedies for individuals and companies that get a damage from violation of terms of the contract. We assist with individuals or companies that do not receive the benefit of a contract by reason of the other party, in which they have the legal right to recover compensation for their loss in damages.

Our specialist solicitors at “Consortio Law Firm” have extensive knowledge in breach of contracts, drafting interpretation and issues that arise from them. We work with and for businesses of all types and sizes understanding their needs and protecting them at all times.

If you need the assistance or advice on any of the violation of terms of the contract matters, Contact one of our team now for practical and informed legal advice via the phone number 002 01028806061 or send us a WhatsApp or email Info@consortiolawfirm.com.