Contracts are essential components of business deals, providing clarity and legal protection for everyone involved. When disputes, misunderstandings, or broken promises arise—known as a breach of contract—an attorney can help resolve conflicts, protect your rights, and guide you through the legal process efficiently.
Breach of contract law deals with situations where one party fails to meet their obligations under a legally binding agreement. If a breach occurs, such as failure to pay or substandard work, Johnson, Murrell & Associates can help resolve disputes, pursue damages, or enforce the contract, ensuring your rights and interests are protected.
What Is Breach of Contract Law?
Breach of contract law concerns what happens when someone doesn’t do what they promised in a deal. For a contract to be official in Tennessee, both parties need to:
- Agree on what they’re doing
- Be of legal age
- Be able to make the agreement
Similarly, the deal itself must be about something legal. There also needs to be something of value being exchanged, such as money for a service or goods for a promise.
Tennessee law says that if a contract is written down and signed by everyone involved, it should be taken seriously and followed exactly as it says. However, this doesn’t apply if someone was tricked or something illegal happened.
That’s why written contracts are much better than just talking about a deal. With a written contract, it’s clear what everyone agreed to. What’s more, it’s much easier for a breach of contract attorney to show what was supposed to happen and get things sorted out if there’s ever a problem.
What Constitutes a Breach of Contract?
A breach of contract happens when one party fails to do what they promised in a legally binding agreement, without a valid reason. This can take different forms, including:
- Not performing at all (non-performance)
- Performing late (delayed performance)
- Not meeting agreed standards (substandard goods or services)
There are several main types of breaches. A material breach is a major failure that goes to the heart of the agreement, often allowing the other party to end the contract and seek damages. A minor breach (partial breach) is less serious, where the main part of the contract is still fulfilled, but some details are missed.
An anticipatory breach occurs when one party makes it clear, either by words or actions, that they will not fulfill their obligations in the future. An actual breach is when a party simply fails to perform as promised when the time comes. No matter the type of breach you encounter, a breach of contract attorney can help rectify the situation.
Common examples include:
- A contractor not finishing a job on time
- A seller delivering the wrong product
- A service provider doing low-quality work
You can recognize a breach by checking if any party failed to meet their obligations as spelled out in the contract. Keep in mind that it can often be unclear if a breach has occurred — for example, there may be ambiguous language regarding the specifics of the project or the delivery timeframe. In these instances, it’s best to see a breach of contract attorney for clarity.
When To Contact a Breach of Contract Attorney
You should contact a breach of contract attorney when you face serious issues that could harm your financial or legal interests. Key situations that warrant legal counsel include non-performance or delayed performance by the other party, such as if someone fails to deliver goods, complete a service, or make a payment as promised.
Disputed contract terms are another common trigger. If there’s confusion or disagreement about what the contract actually requires, a breach of contract lawyer can help clarify the language and protect your rights.
Significant financial loss is a major reason to seek legal advice. If the breach results in substantial harm to your business or personal finances, a lawyer can help you recover damages and explore all available remedies.
Anticipatory breach, where the other party signals they won’t fulfill their obligations in the future, also calls for an attorney’s involvement. High-value or complex contracts often contain nuanced language and technical details that can be difficult to interpret without legal expertise.
If you are accused of breaching a contract yourself, it’s important to consult an attorney as soon as possible. They can help develop a defense and avoid costly judgments or damage to your reputation.
Legal Solutions for Breach of Contract in Tennessee
The most common solution is monetary damages, which include both direct losses (such as unpaid bills or lost payments) and indirect losses (like lost profits caused by the breach). This is so long as losses are reasonably predictable and proven with reasonable certainty.
Contracts may also include liquidated damages clauses. These are pre-set penalties agreed upon in advance, which courts will enforce if the amount is reasonable and not excessive.
For unique situations where money is not enough, courts may order specific performance, compelling the breaching party to fulfill their contractual obligations, especially in cases involving unique goods or real estate. Alternatively, rescission cancels the contract and returns both parties to their original positions when the agreement is fundamentally flawed or unworkable.
How a Breach of Contract Lawyer Can Help
A breach of contract lawyer plays a crucial role in navigating business litigation by providing expert guidance and support through every stage of a dispute. First, they carefully evaluate the validity and specific terms of the contract to determine if a breach has occurred and whether the agreement is enforceable.
Once the situation is understood, your lawyer will advise based on your legal options and develop strategies tailored to your goals. This may include options such as seeking damages, enforcing specific performance, or defending against a claim.
Lawyers are skilled negotiators, often helping you reach settlements or resolve disputes through mediation, which can save time and costs compared to a full trial. If negotiation fails, they represent you in court or arbitration, presenting evidence and arguments to protect your interests.
Additionally, a breach of contract attorney assists with drafting, reviewing, and negotiating new contracts. This helps prevent future disputes by ensuring clarity and fairness in all agreements.
Choose the Right Team: Choose Johnson, Murrell & Associates
Choosing Johnson, Murrell & Associates for your breach of contract attorney ensures deep local experience and trusted guidance in East Tennessee business disputes. With over 50 years of serving East Tennessee, our team understands the unique legal challenges local businesses face and delivers tailored representation at every stage, from negotiation to litigation.
We offer:
- Clear communication
- Strategic advocacy
- A client-focused approach
Our proven track record helps businesses move forward with minimal disruption. We ensure that your interests are protected and disputes are resolved as efficiently as possible, whether through mediation, arbitration, or court proceedings.
Breach of contract law deals with situations where a party fails to honor their promises under a valid agreement, which must have clear terms, a legal purpose, and an exchange of value. Breaches may be major or minor, leading to remedies such as compensation or court-ordered fulfillment. Johnson, Murrell & Associates provides skilled legal support to efficiently resolve contract disputes and safeguard your rights in Tennessee.
Choosing Johnson, Murrell & Associates means choosing a team that knows how difficult the legal process can be. We take care of the heavy lifting, giving you peace of mind. For more information on how we can help with your case, call us at 865-453-1091 or contact us online.