Breach of Contract
From business startup to franchise, succession or dissolution; from employment to manufacturing, distribution and sales; from real estate purchases and equipment leases to advertising, materials and supplies; your business is constantly executing contracts and agreements of one form or another. When a contract is breached, your business can grind to a halt or suffer serious economic loss. The business litigation attorneys at The Jacobs Law LLC represent businesses in breach of contract litigation throughout the greater Boston area. We know how to interpret contract terms, quantify harm, and see that your goals are reached in pursuing or defending a breach of contract claim.
How contracts are created
Many contracts must be in writing to be valid, although in a number of circumstances oral contracts are considered valid as well. Enforcing an oral contract or proving its breach may present additional challenges beyond those that exist in the case of a written contract. Not all contracts are expressed orally or in writing, either. At times a contract may be considered to be implied based on the actions of the parties, even if neither party intended to form a contract by their actions. When present, implied contracts have as much force and effect as express contracts, although the difficulty in proving their existence or breach can be as great or greater than in the case of an oral contract.
How contracts are breached
A contract dispute can arise due to a misunderstanding or disagreement over the interpretation of key terms, or it may appear that one party has failed to perform its duties required under the contract. When one party to a contract makes it clear through words, deeds or inaction that it will not fulfill its obligations under the contract, the other party may declare an anticipatory breach, stop or fail to perform its own contractual obligations, and institute litigation for breach of contract. A material breach, on the other hand, refers to a failure to perform or other breach which is serious enough that it defeats the purpose of the contract.
Experienced contract drafters with a leg up on litigation
The business contracts attorneys at The Jacobs Law are experienced in drafting, reviewing, revising and customizing just about every kind of business contract there is, from operating agreements and employment contracts to sales, loans, franchises, leases and more. Our litigation experience proves invaluable when it comes to negotiating, drafting or reviewing a contract, as our lawyers know the ways in which contracts typically become subject to litigation. Conversely, just as we know how to draft a contract to avoid disputes or protect your rights if a dispute does arise, our contract drafting skills enable us as litigators to understand and interpret complex contract terms to determine when a breach has or has not occurred.
Get Skilled and Effective Legal Help with Your Boston Breach of Contract Dispute
Our experienced business litigators prepare for litigation from the very start of your dispute. Not only will we be ready to take your case to trial with winning results, but we will be well-prepared to settle your dispute at any point short of trial, whether through negotiation, mediation or other form of alternative dispute resolution. If you find yourself enmeshed in a breach of contract dispute in the Boston area, call The Jacobs Law LLC for efficient, effective resolution from a team of knowledgeable and experienced business litigation attorneys.