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Contractual Disputes

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Any disagreement between the parties on the terms and conditions of the contract is known as a contractual dispute.

The validity of a contract is determined once all parties to the contract have mutually agreed upon and understood the contract terms and conditions. The absence of a mutual agreement makes the contract invalid, and one party is at liberty to contest it in court.

Disputes in the contract generally arise from a breach of contract. A contractual breach is said to occur when a party fails to perform a promise which they agreed to explicitly in the contract. There are two types of breaches in contract law, material and minor breach.

Material Breach

A significant contractual duty not performed by one party as agreed in the contract is a material breach. The irreparable nature of the material breach frees the other party from performing their part of the contract. They are also at liberty to sue the party, responsible for the breach and claim damages.

Minor Breach

Any contractual activity not performed by one party as agreed to in the contract is known as a minor breach. The contract continues as usual, with both parties honoring their contractual responsibilities.
The party responsible for the breach is liable to be sued for their actions.

Few types of contract disputes include:

  • Drafting and reviewing the contract issues
  • Offer and acceptance of Dispute
  • Errors and mistakes in the terms of the contract
  • Disagreements regarding definitions of technical terms
  • Fraud and coercion occurs when one party is forced to sign the contract

The possible remedies are usually classified into legal and equitable remedies. Monetary awards awarded to the plaintiff for their losses are classified as monetary remedies. Equitable remedies are steps taken to correct the contract dispute.

Exceptional legal representation is recommended for resolving contractual disputes.

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