If you have a contract with another party, you will expect that the contract will be brought to its completion. However, if the other party does not fulfill their end of the contract and you have fulfilled your end, you may need to turn to civil litigation to make sure that you are compensated for the breach of contract. The best way to get started is to consult with a civil law attorney.
How to Win a Breach of Contract Case
The first step is to prove that a contract existed. This can be difficult in the case of an oral contract since there will not be any records left behind. The other party might claim that no such contract existed. You and your attorney will provide a clear example of a failure to fulfill a contract. An example would be having a contract that is formed after you pay a contractor to make repairs to your home. Then, if the contractor simply never shows up to perform the repairs, you would have a case.
You must fulfill your end of the contract or there must be a justification for why you did not fulfill your end of the contract. The defendant must not have fulfilled their end of the contract. Then, you will need to have suffered damages.
How to Get Started
A large percentage of cases of civil litigation involves a breach of contract. However, you will usually want to begin by contacting the other party to see if you can resolve the dispute without going to trial. You will want to request that the other party reread the contract.
You might write a formal demand letter with the help of an attorney to make it clear what actions you would like to be taken. You may ask your attorney to contact the other party because this can show them that you are serious about resolving the matter. Then, if these actions do not produce results, you could then take the other party to court for a breach of contract.
The courts will look at whether you attempted to resolve the conflict. Therefore, it's important to seek other remedies before going to court. This will also allow the judge to determine how to resolve your case much more quickly. But your attorney will also play an important role in the courtroom by representing you and gathering the evidence necessary to prove your case.