When a binding agreement between an employer and employee is not honored, it may be considered a breach of contract. This could include failure to perform as agreed or interference with the other party’s performance. When these situations occur legal assistance is needed to determine if, in fact, the stipulations were not met, to what extent the contract was breached, and what the outcome may be.
Not all breaches are equal in terms of their circumstances and their severity. There are also two different forms of a breach of contract: material breach and non-material breach. In a material breach of contract the breach is severe enough that it destroys the integrity of the contract. In these cases, the injured party is no longer bound to the contract. They are able to cancel the contract and can choose to sue for damages.
When a non-material breach occurs, the breach is not serious enough to destroy the integrity of the contract. Once the situation is remedied, the injured party is still obligated to perform according to the stipulations; however, they can sue for the damages they incurred. When a party sues for breach of contract occurs, they may be eligible to receive legal remedies in the form of financial damages, equitable remedies and/or restitution by the state.
Contract law is complicated and situations such as a breach of contract require experience to navigate and resolve. Contact the Bourassa Law Group to speak with a qualified breach of contract attorney and learn more about how we can help.