In general terms, a breach of contract is a failure by a party to comply with one or more of the terms contained within a contract or formal agreement. Depending on the type or number of terms breached, a breach of contract may give the other party a right to terminate or end the contract. In other circumstances, the party not in breach of contract may be entitled to some other legal or equitable remedies, including damages, injunctive orders, restitution or promissory estoppel. Our Sydney Contract Lawyers have, in the past, successfully represented clients on both sides of the fence in Local Courts through to District Courts and the Supreme Court of New South Wales. Our Sydney Contract Lawyers deliver outstanding quality and expert legal representation in breach of contract matters.
Damages are probably the most commonly sought form of legal remedy in a breach of contract. An award of damages is basically a monetary reimbursement of the losses suffered by the innocent party. Damages are usually not meant to be punitive in nature, but rather to have the party in breach of the contract compensate the innocent party for the losses they may have already incurred or will incur in the future.
In other cases, such as a contract for land, damages might be inadequate. It may be possible to seek from the Court, in its Equity division, an order for specific performance in favour of the innocent party. An order of specific performance will require the party in breach to take specific steps or actions towards completing the contract. For example, if a vendor fails to complete in an agreement to sell land, the Court might be able to make an order that the vendor take all the necessary steps to convey the land to the purchaser.
Contact our office and arrange an appointment with one of our experienced Contract Lawyers today. We have branch offices conveniently positioned across the Sydney metropolitan area including in Parramatta, Hurstville and North Sydney. For a full list of our office locations, with complete addresses, click on our Locations tab above or contact our main office line on (02) 9233 4048.
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