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Understanding the basics of a breach of contract lawsuit

On Behalf of | Feb 7, 2019 | Commercial Litigation

Upon entering a business relationship with another party, company owners may typically begin by setting clear guidelines on the terms of the arrangement via a contract. Should a company in Louisiana feel that another party has violated these terms, it may wish to seek restitution through litigation. Although claims of breach of contract continue to be some of the most common sources of dispute among business relationships, many owners might be uncertain of the requirements for proving a breach has occurred.

One of the first steps involved with the process is to prove that a valid contract exists. This contract must include and cover all the basic elements of the business agreement. Next, one must be able to prove that the other party is culpable of violating the terms of the agreement, and the other party must be notified of the alleged breach prior to legal proceedings.

Business owners may also find it beneficial to understand some of the potential strategies the other party may employ in defense to the allegations. For instance, owners may contend that the other party failed to disclose vital information about the arrangement or misrepresented certain facts. Company owners may also claim they were not given adequate time to review the terms of the arrangement or felt forced into signing the contract under duress.

There are a variety of factors to address when seeking restitution for a breach of contract. Since the process can be intricate in nature, a person in Louisiana could benefit from retaining the services of an attorney early in the process. An attorney can review the circumstances a client is facing, along with the contract, and assist him or her in pursuing the most favorable outcome achievable through the necessary outlets.