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Contract Disputes Resolution for Businesses
If a company you have a business contract with has breached that agreement, our dispute solicitors can help. A breach of contract can damage your business, which is why it is vitally important to bring the dispute to an end as soon as possible.
Our team of experienced commercial litigation solicitors will advise and assist you no matter the circumstances of your dispute. We have advised individuals and companies of all sizes, including sole-traders, SMEs and large national and international organisations, and understand every business is different and requires its own tailored solution.
How JMW Can Help
Entering into contracts is an everyday occurrence in business, whether it is a routine contract governing the relationship by which the business supplies or receives goods and/or services, or a one-off agreement linked to a specific deal.
Unfortunately, the terms contained in a contract are not always honoured by all parties involved. This can result in a breach of contract and lead to a commercial dispute.
Our solicitors have particular expertise in relation to the following areas:
- Agency and distribution contract disputes
- Building contract disputes
- Consumer disputes
- E-commerce contract disputes
- Goods and service contract disputes
- Professional service contract disputes
We also understand how disruptive handling disputes can be to a business, which is why we deal with all cases promptly and robustly, so as not to waste your time or money. We will always work to your business objectives and try to resolve disputes without the need for costly court action by using alternative dispute resolutions, such as mediation and arbitration.
What is a Breach of Contract?
A breach of contract occurs when a party fails to carry out some or all of its obligations in the contract. It entitles other parties to claim damages for any losses that are suffered as a result.
How Can a Contractual Dispute Be Resolved?
There are a number of potential remedies for a contract dispute. These are:
An award of damages is a basic resolution offered for a breach of contract. Damages awarded are intended to put any affected parties into the same financial position they would have been in had the contract obligations been properly carried out.
Not all damages are recoverable, particularly in cases where they are considered too remote to have been foreseeable. When a breach of contract is considered serious, the affected party is discharged from further obligations under the contract, either instead of or as well as, claiming damages.
It is possible to obtain an injunction relating to a breach of contract. In such cases, a court will order a party to perform a negative obligation. Injunctions fall into two main categories:
- Prohibitory injunction: An order that something must not be done
- Mandatory injunction: An order that something must be done
3) Specific performance
An order for specific performance requires a party to perform a positive contract obligation, which will usually include them doing something they should have done as part of the contract. The court will usually only grant specific performance when it would be just to do so.
Recission is the process of setting aside a contract by which each party is put back into a position similar to that they were in before the contract was made. This option may be available in cases where a contract has been concluded as a result of:
- Undue influence
This option only applies in cases involving written contracts, with the purpose of correcting mistakes made in recording agreements. The courts can rectify a written agreement that does not reflect the true deal between the parties.
Talk to Us
Our specialist commercial litigation solicitors are here to help. Call us on 0345 872 6666 to discuss a dispute or complete our online enquiry form and we will get back to you at a time convenient to you.
Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency