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 agreement. Depending on the nature of the breach, the other party may acquire a right to:
- Terminate or rescind the contract;
- Damages for loss sustained as a result of the breach; or
- Require performance of other obligations under the contract;
- Initiate the dispute resolution procedures (if any).;
- Seek an injunction;
- Apply to the Court for an order for specific performance.
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 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. Generally in these contexts, it may be the case that controlling statute such as the Australian Consumer Law or the Motor Dealers and Repairers Act may control remedies available.
If you require assistance with a breach of contract matter, you may wish to contact our Sydney CBD Head Office in order to arrange an appointment to meet with a Solicitor from our team. Alternatively, we are able to arrange a time for you to see one of our Motor Dealer Claims and Disputes solicitors at one of our conveniently located branch offices. For a complete listing please see our “Locations” tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
Sorry, but no Articles are available at this time.
Sorry, but no FAQs are available at this time.