Let's say that you have a contract, and the other side of the contract is in clear breach of the agreement. It seems like an easy case. The contract and the facts of the case are in your favor. What could go wrong? It turns out that things can go wrong—even if you are the one that's "in the right" in your breach of contract case.
Our Chicago business litigation lawyer at Ellis Legal discusses breach of contract cases below.
Being Angry: Watch What You Say
One mistake people make when they feel the other side has breached a contract or agreement is that they say things in anger that they should not. It's not that being angry legally prevents you from winning a breach of contract case. It's that the things that you write or text or say when you're angry are often not well thought out—and you could say things that damage your case.
And, if the breach of contract case comes down to a factual, "he said/she said" question for a court to decide, you don't want to seem irrational or unhinged when the judge or jury sees what you wrote or said to the other side.
Waiving Contractual Remedies
Certainly, working things out outside of court is always preferable. And often, working with another party that has breached to try to cure a default or breach is both cost-efficient and makes you a better human. But be wary: some of the things you do when trying to work out contractual breaches can cost you later on.
The course of your dealings in the face of a breach, can end up waiving rights that you otherwise would have had under the prior agreement. So, if you just agree to allow a late delivery, a late payment, or allow someone to provide substandard services, whatever penalty you had in the contract for those breaches, may be seen as waived by you, given your previous hesitancy or refusal to enforce those provisions.
This doesn't mean you need to run to court in the face of every breach of contract. It does mean that if you do decide to work with the other side, or even "look the other way," you should have a writing that specifies that you aren't waiving any other contractual rights you otherwise would have had.
Mitigating Damages
If you are being damaged by a breach, you have a legal obligation to do whatever you can to lessen or reduce your financial injury or damages.
So, for example, if a contractor doesn't come and repair your computers when it should have under an agreement, you need to get another computer repair person in as soon as you can—you can't just sit, do nothing, and be out of business perpetually and try to collect all of those damages as part of the breach.
Don't make mistakes that can harm your breach of contract case. Speak with a Chicago business litigation attorney at Ellis Legal at (312) 967-7629 today.