Contract disputes are often aggravating, especially because the terms have been plainly set forth or discussed by both parties — and yet, suddenly, business operations fail due to a breach of that contract. Most contract disputes primarily involve a breach of contract, of which there are a few kinds you should be familiar with if you plan to seek legal representation.
BREACHES OF CONTRACT COME IN TWO FORMS
First off, you should know that a breach simply translates to a failure to carry out the terms of the contract. Next, it’s important to be aware of the difference between material and non-material breaches so you can be prepared for what to expect during the legal process.
- Material Breaches – When it comes to contract law, a material breach is a violation that completely undoes the purpose of the contract in the first place, thereby rendering it “irreparably broken.” This strikes at the root of the already-established agreement between the parties involved and results in immediate grounds to file a lawsuit.
- Non-Material Breaches – Any breach that fails to defeat the purpose of the contract. For example, if you signed a contract to acquire a used car with tinted windows but received a car with ordinary windows, the purpose of the contract (acquisition of a car) will remain intact.
The intricacies of material breaches versus non-material breaches run deep, so it’s important to seek our help in determining the nature of your contract dispute.
KANSAS & MISSOURI CONTRACT DISPUTE LAWS
In terms of contract law, both Kansas and Missouri concern themselves primarily with matters of actual and reasonable financial loss resulting from contractual breaches, as well as damage to the reputation of the contract owner. Otherwise, these laws are relatively standard and always require the assistance of a skilled lawyer to suss out the intricacies across state borders — such as that between Kansas and Missouri.
It’s also worth noting a few of the kinds of contract disputes that you may find yourself dealing with:
- Business Contract Disputes, such as those we handle primarily
- Employment Contract Disputes, which revolve around the terms of employment
- Purchase Agreement Disputes, which may detail a payment plan
- Sales Contract Disputes, such as in the above car example
TO LITIGATE OR NOT TO LITIGATE?
Additionally, an important consideration should always be whether it is necessary to move contract disputes into the courtroom, since the litigation process can be both time-consuming and expensive. After decades of experience, I can spot the red flags that usually indicate a need for litigation and I always consider what’s best for your case.