Any agreement between two or more entities that is not held or carried out pursuant to the agreement could constitute a breach. This includes oral agreements, handshake deals, contracts, terms and conditions, forms, emailed agreements or even text agreements.
If you are accused of breaching a contract, or if another party is not upholding their end of the agreement, speak with an experienced attorney at Sparks Law. Our Georgia breach of contract lawyers could advise you and help seek a positive resolution.
There are varying degrees of contract breaches, some of which could be worth significant amounts of money. Regardless of the circumstances, a skilled contract breach attorney at our Georgia office could offer crucial assistance.
For most goods, the buyer has rights based on the United Commercial Code (UCC) to reject the entire good or contract if any of it is flawed. For instance, if a buyer orders a mug from Amazon that has a chip in it, they have the right to send back the mug and get all of their money back. A chipped mug could constitute a partial breach of contract, as the buyer believed they were purchasing one without flaws.
However, a partial breach of a bigger item such as a house or business could cause greater problems, as the buyer cannot reject the entire thing as easily. For instance, if a contractor builds an entire house and uses the wrong tiles, this could constitute a partial breach if the contract specified a different type of tiling. In this scenario, the homeowner could sue the contractor for a partial breach, perhaps for the cost to replace the tiles.
A material breach of contract is when the breach is so significant that it makes the remaining provisions in the contract useless. If the house in the previous example was uninhabitable because the contractor messed up gas pipes in the house, this would probably be considered a fundamental or material breach of contract. As such, the buyer could reject the house and not pay the contractor.
The main difference between partial and material breaches is whether the contract can be used for its intended purpose. If a person buys a house and can live in it safely, any discrepancies are probably not considered a material breach. The purpose of buying a house is to live in it. In any contractual case, a knowledgeable attorney at our firm could assess whether the breach is material or partial and help build a case accordingly.
At Sparks Law, our legal team is experienced in representing both sides of contract breach cases. If another party to your agreement has violated its terms, or if you have been accused of such, you need legal representation to defend your rights and work for a positive outcome to your case.
Speak with a Georgia breach of contract lawyer today and discuss the circumstances of your case. Give us a call and set up a consultation with a skilled member of our team.