According to Van Etten Sipprelle LLP, a trial lawyer in the Westlake Village area, a contract may be breached by an employee or an employer; in either situation you may feel compromised and vulnerable. There are many ways in which a contract may be breached, however there a two particularly common forms of breach of contract.
1. Failure to pay employee: Should an individual have provided the services outlined within a contract, to an acceptable standard, but their employer is refusing payment, they have a right to sue to receive the payment they are due.
2. Failure to provide services: Should a client have either paid for services in advance or agreed on services to be provided within a particular timescale and the contractor has not delivered they have a right to claim for damages, or for a court order stipulating the work must be carried out.
There are differing levels of breach of contract, with each level being deemed more significant in the eyes of the law. Obviously as contractual breaches become more significant it is easier to file a claim for damages.
According to Van Etten Sipprelle LLP minor breaches of contract only allow the claimant to sue for ‘actual damages.’ Minor breaches of contract are described as a partial breach of contract or an immaterial breach of contract: a breach of a verbal contract for example. The claimant will only be able to get compensation for the losses in incurred due to the differences in contract, the courts will decide whether there are claimable differences in the contract originally stipulated and the contract which was carried out.