Breach of Contract

  • A contract is merely an agreement between two parties to do something. It is in essence an enforceable promise. A simple example of a contract is an agreement between two parties for the painting of a house. One agrees to pay money or consideration and the other agrees to perform the service of painting the house.

  • If there is a disagreement over the performance of a contract the law, recognizes the right to bring an action to enforce the contracts obligations. There are a number of key points in terms of reviewing a breach of contract case. Below those ideas are discussed but they are no substitute for consulting with an attorney.

  • Statute of Frauds. The statute of frauds is a rule that in certain circumstances a contract must be in writing. For example, a contract which cannot be performed in or with any year must be in writing. Sales of goods over $500. or answering for the debt of another require a writing. There are other grounds as well. There are exceptions to the statute of frauds. Partial performance of a contract can be an exception to the statute of frauds.

  • Uniform Commercial Code. The Uniform Commercial Code or as it sometimes referred to the U.C.C. is a part of the General Laws of Massachusetts. It provides a uniform framework for contracts and the sale of good. Goods are treated differently than the sale of services. Sales of goods are subject to the U.C.C.

  • Mitigation of Damages. One of the important points in the consideration of a potential contact claim is to consider the duty to mitigate (or lessen) damages. An injured party has a duty to mitigate its damages to the extent it can in a breach of contract case.

  • Various remediates for the breach. Finally, one must consider what remedy to request or argue is appropriate in a breach case. The three basic remedies are to award damages to put the party back to the position prior to the contract, to award the party the benefits of the contract, or to order the performance of the contract. There are other considerations in determining the damages available and you should speak to an attorney about these issues.

  • To discuss any of these issues about contracts call Attorney Erickson at (978) 793-9212.
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