A breach of contract is legal cause of action and a type of civil wrong, in which a binding agreement or bargained for exchange is not honoured by one or more of the parties to the contract by non performance or interference with the other party's performance.
Breach occurs when a party to a contract fails to fulfill its obligations, whether partially or wholly, as described in the contract, or communicates an intel to fail the obligation or otherwise appears not to be able to perform its obligations under the contract.
What Is The Breach Contract Demand Letter ?
A breach of contract demand letter identifies an individual or party that has failed to perform as specified under a previously agreed upon contract. The letter should identify the party that breached the agreement, date of the contract, and the specific actions conducted by the violating party.
A breach of contract demand puts another party on notice that they have violated the terms of an agreement. The breach of a contract demand letter is a pre-trial court document that may be used in any litigation proceeding at a later time.
There are usually demands that are made in the letter that allows the parties to resolve the matter before resorting to legal action. Depending on the agreement and the violation, it will be up to the parties involved to settle the breach.
A breach of contract notice identifies the individual that has failed to honour the terms of the agreement. The letter also indicates the party that breached the agreement, date of the occasion and the specific action performed by the guilty party. A demand letter has two objectives: to request the other party to fix the problem or terminate the contract altogether. The violating party must respond to the demand letter.
What Kind Of Situation Will Use Breach Of Contract?
The breach could be anything from a late payment to a more serious violation such as the failure to deliver a promised asset.
A contract is binding and will hold weight if taken to court.
Legally, one party's failure to fulfill any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.
To successfully claim a breach of contract, it is imperative to be able to prove that the breach occurred.
How To Write A Demand Letter For Breach Of Contract?
1. Write down your full name, address, and other contact details to offer subsequent communication regarding the issue.
2.Indicate the date you draft the letter and insert the name of the recipient.
3.List facts that confirm the breach of the agreement. You need to describe what happened in chronological order and state precise details - for instance, the name and date your contract was signed, the clause that was breached, and the lack of action that followed. Alternatively, you can record the violation of the agreement if the breaching party has taken direct steps to break the terms of the contract.
4.Demand the other party to comply with the conditions of the contract. You can request payment, delivery of goods, provision of services, etc. Set the deadline - a few weeks should be enough to give the recipient time to satisfy your demands.
5.Be professional and polite. Your main goal should be to address the issue calmly and resolve it as fast as you can, so do not attack the recipient with threats and rude language.
6.Sign the letter and send it via certified mail to obtain proof of delivery.
When a contract between two or more parties is signed, it means the signatories are legally bound to fulfill the terms of the contract. If one of the parties does not fulfill the terms, that party is in breach of the contract. Being in breach of a contract is illegal as well as unprofessional.