We begin by carefully reviewing with our client whether a contract has been breached. If it appears a contract has been breached, we examine the circumstances in which the breach has occurred.
Drawing on our extensive knowledge and experience in this field, a recommendation can be made to our client on what course of action is likely to yield the highest returning result, taking into account the desire to minimise the cost, time spent and inconvenience to our client.
Armed with this information, our client is then able to make an informed decision about the action they wish to take and the outcome they want to pursue.
Factors in assessing contract disputes
When assessing a contract dispute, we consider questions such as the following:
- Do standard terms of trade apply?
- If you don’t have terms of trade, has someone given you standard terms of trade, and they are relying on this to make a claim against you?
- Is there a contract in place?
- What effect does an oral agreement have?
- Do you have an exchange of emails or other correspondence?
- Is there a record of phone conversations in relation to the matter in dispute?
- Do you have an established course of dealing?
- If there have been previous purchases and the dispute happens with a subsequent purchase, do the terms of the previous transactions apply?
- Is a limitation of liability is asserted?
Contract disputes often arise where uncertainty exists
A common example is where each party has different terms of trade and a question arises as to whose terms prevail. In the business and commercial arena, contract disputes are common in the areas of payment terms, supply terms, employment contracts.
Our litigation team is well versed in getting to the heart of the contractual provisions that bind the relationship. This enables us to give you practical and informed advice about whether the conditions of the contract have been breached and advise you on your rights in the circumstances.
