Contract Breaches: How To Properly Sue
When a partner you have entered into with a contract decides to breach that particular contract, how you proceed next will affect whether you receive damages and how sizable these damages are. The first step is to know what types of damages you can sue for.
When the Breach of Contract Has Specific Consequences
There are different types of damages you can sue for. For instance, you can sue for consequential damages if the violation of the contract caused you to experience lost earnings and the other party was able to foresee that he or she would have not been able to fulfill the contract. As an example, if a company offers to deliver you supplies for five months, but only has enough supplies for three months, you could sue for consequential damages for any lost earnings resulting from your lack of supplies.
When You Must Be Compensated for Losses
Another example would be compensatory damages. With this approach, you would be compensated for any lost wages that you would have received otherwise. For example, if you have a contract to deliver a product to a location that does not exist, you may be entitled to be compensated for whatever you would have been compensated for the delivery of the product.
When You Have a Liquidated Clause
Sometimes, it can be challenging to determine exactly what damages you experienced. Under these circumstances, you could proactively have a liquidated damages clause added to the contract. Then, the other party would be required to pay for these damages.
Creating an Enforceable Contract
To ensure that you will be able to sue for damages, make sure that the wording in your contract is precise. If you are concerned with whether the judge may be able to misinterpret the wording in your written agreement, have your contract examined by a lawyer before having it signed. You may want to include a forum selection clause that includes the exact laws that will be used in the enforcement of the contract. The forum selection clause will also include the specific court responsible for handling disputes related to the contract.
Judges sometimes choose to not enforce contracts if they believe they are not fair or if evidence can be discovered that you have committed a breach of contract. Therefore, you will want to make sure that you consult with a lawyer before pursuing a lawsuit over a breached contract. Visit a site like http://www.ourbendlawyer.com for more information.