Are you arguing with a client or business partner over what your contract says? Are you asking yourself questions like:
- How do I collect my money?
- What happens in a dispute with my business partner?
- Can my customer sue me, or, should I sue my customer?
- Did I get ripped off or defrauded?
- What can I do about defective goods I received?
If you are asking any of these questions, do you know what your contract says or how to enforce it? Whether you do or not, you need an attorney because even the simplest contract can become complicated, confusing, and vague. Every breach of contract claim requires that you prove certain things to win and making even a small mistake with your contract can cost you big.
Under Pennsylvania Law, there are a several elements you must prove for a successful breach of contract claim. The first step is simply proving that a contract exists. This sounds simple enough. However, demonstrating a contract exists in the first place is sometimes the most disputed issue. This is especially true with verbal agreements. For instance, the existence of a contract requires proof that an offer was made, that the other side accepted the offer, and consideration was exchanged (usually money).
The second step in a breach of contract claim is proving the other party “breached” a duty imposed by the contract. In other words, you must prove the contract required the other party to do something, or refrain from doing something, and the other party did not abide by that term. Finally, you must prove damages. However, if you did not suffer any actual harm then the courts will not grant your claim even if the contract was breached.
This is a simplistic explanation for a complicated process. Each of these simply defined elements of a contract case also include a myriad of other requirements. Moreover, each requirement you must prove also has defenses against it. In addition, disputes often occur over what the language in a contract means. To confuse things further, a contract dispute can become even more complicated depending on what the contract governs. For example, a contract for the sale and purchase of tangible goods is governed by different rules than a contract for the sale and purchase of real estate.
What this all means is that you need an experienced attorney to help you with your contracts – especially if you are already in a dispute over one. The attorneys at Sperring Law Firm, LLC have encountered contract disputes in a wide variety of fields, including real estate transactions, financing agreements, leases, and commercial transactions. Sperring Law Firm has helped people on all sides of a dispute, whether they be buyers, sellers, debtors, or creditors and the firm can advise you on both the legal and practical aspects of a contract dispute. Contact an attorney at Sperring Law Firm, LLC today at 484-250-9058.