San Antonio Commercial Litigation - Contract Disputes and Breach of Contract

If you have entered into a contract with a party who did not fulfill their agreed upon obligations, you have probably been the victim of a breach of contract. Ensuring that the terms of your contract are enforced can be a complex process. Luckily, our San Antonio commercial litigation attorneys at Carabin Shaw can help you navigate this process and ensure that you receive what you are owed.

In order to pursue a contract dispute resolution in Texas, it must first be established that your contract was legally binding. Some informal agreements may not meet the requirements to be legally binding.

To pursue legal action for a breach, the following elements are required:

• Offer and acceptance - There must be a clear offer by one party and an indisputable acceptance by the other.
• Intention to create legal relations - The agreement must be intended to be legally binding. Some informal agreements may not meet this criteria.
• Consideration - There must be a mutual exchange of value agreed upon by both parties. A gift or a one-sided promise does not meet this criteria.
• Legal capacity - Both parties must have legal capacity to enter into the contract. For example, one must not be under the influence of judgment impairing substances and must be of legal age.
• Legality of purpose - Contracts involving illegal activities or purposes can usually not be enforced.
• Certainty and possibility of performance - The obligations specified in the contract must be specific, clear, and possible to fulfill.
• Mutual assent - Both parties must genuinely understand and agree to the terms of the contract.

Unsure if your agreement qualifies? The help of an attorney ensures you are able to identify the legality of your contract and pursue litigation accordingly.

In order for there to be a breach of a legally binding contract, there must be a failure to fulfill the promises or obligations specified in the contract. This failure must be material in nature, meaning that it significantly and consequentially diminishes the value of the agreement. Additionally there must be measurable harm caused by the breach in order to establish damages that can be pursued.

While hiring a lawyer is always optional, these complex cases benefit tremendously from the help of an expert Texas attorney. Our team of skilled attorneys at Carabin Shaw has the expertise necessary to help you navigate the complexities of your contract dispute. An experienced attorney can be invaluable in interpreting the terms of a contract. In addition to representing you in litigation, our business contract breach attorneys in San Antonio Tx can assist in gathering evidence, drafting demand letters, and enforcing judgements obtained in your favor.

There are a number of forms of restitution you can pursue when it is found that you have been a victim of a breach of contract. The appropriate contractual dispute resolution for your case will depend on the nature of the breach you have suffered.

Common legal remedies include:

• Monetary damages - Financial compensation is a common resolution to a breach of contract.
• Specific performance - It may be decided that the breaching party must fulfill their original contractual obligations in cases where monetary damages are deemed insufficient.
• Injunction - A court order may be issued prohibiting the breaching party from taking certain actions, such as selling a product that is not their intellectual property.
• Rescission - The contract may be canceled, returning both parties to their pre-contract obligations. This is a common remedy to a fraudulent contract.

If you are the victim of a breach of contract, the San Antonio Tx commercial litigation attorneys at Carabin Shaw can help resolve your dispute. Call us toll free at 800-862-1260 where our English and Spanish speaking team is available 24/7. To hear from our many satisfied clients, check out Carabin Shaw’s reviews, then contact us for a free case review. Our lawyers offer their services on a contingency-fee basis, so we only get paid when we win your case.

For more information:

• HG