In a contract case, any evidence that is relevant could be used to prove or disprove a breach. A plaintiff will try to argue that they were unable to use the contract for its intended purpose, while the defendant will work to show that the alleged breach did not prevent use of the contract. There are various forms of evidence that could support either of these arguments, requiring a savvy attorney to build a strong case.
If you are involved in a legal dispute over an agreement, call a lawyer with experience gathering and presenting evidence in Georgia breach of contract cases. The legal team at Sparks Law is here to help you seek a positive resolution.
The person who interprets a breach of contract is known as the “finder of fact.” Normally, this role is filled by a judge. Most contracts will expressly waive the right to a jury trial, meaning that a dispute can be only adjudicated by a judge in a bench trial. The judge will decide who is right and wrong, determine the magnitude of the breach, and order any payments.
Say that a homeowner alleges a breach because a contractor used the wrong tiles. A skilled attorney could defend the contractor by showing evidence of other houses with the same tiles worth the same amount, arguing that there is no diminished value because of the different tiling. A lawyer could also present emails or text message between the parties that establish uncertainty over what types of tiles to order. They might bring up evidence to show that there was no supply of the plaintiff’s preferred tiles.
In representing the plaintiff in this example, a local attorney could bring evidence that the contractor had access to the correct materials, or that the plaintiff clearly stated which tiles they wanted. There are many scenarios that could constitute a contract breach, so it is important for anyone involved in this type of case to work with a savvy lawyer who could effectively gather and present evidence on their behalf.
In most contract law, intention does not matter. It is not a valid defense to argue that the defendant did not intend to breach the contract. Most contracts are on a strict liability basis. For instance, a manufacturer might not intend to produce or sell a defective product, but a consumer still has the right to reject the good and get their money back.
However, an intentional breach of contract could result in worse consequences for the offending party. A knowledgeable attorney at our Georgia office could further explain the types of evidence that may be used to prove an intentional breach of contract.
If you are involved in contract breach case, it is important to work with a well-practice lawyer who will dedicate the time and energy to build an effective argument on your behalf. Whether you are the plaintiff or defendant, the legal team at Sparks Law could advise you on achieving a positive outcome. Our attorneys are skilled at presenting evidence in Georgia breach of contract cases. Give us a call today to learn how we could assist you.