Breach of Contract Attorney in Omaha, Nebraska
A breach of contract is a failure to fulfill the terms of an agreement between two or more parties. This can occur when one party fails to perform their obligations as outlined in the contract, or when they perform their obligations in a manner that does not meet the standards outlined in the contract.
Breach of contract can have serious consequences for both parties involved. When one party breaches the contract, the other party may suffer financial losses or other damages as a result. In some cases, the party that suffered the breach may be entitled to compensation for their losses.
There are several different types of breach of contract. A "material" breach of contract is a significant failure to fulfill the terms of the agreement, while a "minor" breach of contract is a minor failure to fulfill the terms of the agreement. A "fundamental" breach of contract is a breach that goes to the heart of the agreement and makes it impossible for the other party to fulfill their obligations under the contract.
In order to prove a breach of contract, the party alleging the breach must show that there was a valid contract in place, that the other party breached their obligations under the contract, and that the other party failed to fulfill their obligations. The party alleging the breach must also show that they suffered damages as a result of the breach.
If a breach of contract occurs, the parties involved may attempt to resolve the issue through negotiations or mediation (see our resources on alternate dispute resolution). If these methods are unsuccessful, the party alleging the breach may choose to file a lawsuit in order to seek compensation for their losses.
In a breach of contract lawsuit, the court will examine the terms of the contract and determine whether there was a breach. If the court finds that there was a breach, they will then determine what damages, if any, the non-breaching party is entitled to.
In some cases, albeit rare, the court may order the party that breached the contract to perform their obligations under the contract through specific performance. In other cases, the court may award the non-breaching party monetary damages to compensate them for their losses.
It is important for parties entering into a contract to carefully review the terms of the agreement and make sure that they understand their obligations under the contract. Both parties also need to do their best to fulfill the required obligations. If you have been on the losing end of a breach a contract and the breach has caused you damages, give Joseph D Hall & Associates a call today!