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Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
Contracts form the backbone of countless transactions, whether in business or personal dealings. But when one party fails to uphold their end of the agreement, it can lead to significant disruptions, financial losses, and stress.
Moreover, understanding the legal ins and outs of contract law, and identifying the appropriate remedies following a breach of contract, can be overwhelming without professional guidance.
At Lawhive, our experienced network of litigation lawyers are experts in contract law. They can provide clear, practical advice tailored to your situation through our user-friendly online platfrom for affordable fixed fees.
From initial consultation and assessment of your claim to negotiation, mediation, or litigation, we offer a full range of legal services to resolve your breach of contract dispute.
Contact us today to speak with our experienced Legal Assessment Team and get a free, no-obligation quote for the services of a specialist breach of contract lawyer.
A breach of contract happens when one party fails to fulfill their obligation under a legally binding agreement without a legitimate legal excuse.
This can apply to both written and verbal contracts, providing they include the elements that make up a valid contract. That is:
There are 4 types of breach of contract. These are:
A minor breach, also known as a partial breach, happens when one party fails to perform a small part of their contractual obligations.
This type of breach doesn't usually entitle the non-breaching party to terminate the contract, but they can still seek damages for any losses incurred.
Example:
A small business that manufactures bespoke furniture enters into a contract with a local supplier to deliver a specific type of high-quality wood. The contract says that the supplier will deliver 100 planks of oak wood by the first of every month, and each delivery must include a certificate of authenticity to verify the quality of the wood.
In one month, the supplier delivers the full 100 planks of wood on time but fails to include the certificate of authenticity.
This would be considered a minor, or partial, breach of contract because the main purpose of the contract (the delivery of the oak wood) has been fulfilled. The missing certificate, while important, does not fundamentally undermine the contract's primary objective.
A material breach of contract is more severe and happens when one party fails to perform a significant part of the contract, rendering the agreement's core purpose unmet.
The non-breaching party may seek damages and be relieved of their contractual obligations.
Example:
John enters into a contract with ABC Builders Ltd. to renovate his kitchen. The contract specifies the completion date as 31st March and the scope of work includes new flooring, cabinets, countertops, and appliances.
However, by 1st June, the kitchen is still incomplete, with significant work remaining on the flooring and cabinets. Further, on inspection John discovers that the countertops are chipped.
In this example, ABC Builders Ltd's failure to complete the work on time, and the poor quality of the completed work constitutes a material breach of contract.
This breach deprives John of the primary benefits he expected from the contract—a fully renovated, functional, and high-quality kitchen within the agreed timeframe.
A fundamental breach, or repudiatory breach of contract, happens when one party's actions (or lack thereof) are so severe that they undermine the entire contract.
Fundamental breaches entitle the non-breaching party to terminate the contract and claim damages because the breach undermines the entire contract's purpose.
Example:
XYZ Ltd enters into a commercial lease agreement with ABC Properties Ltd for office space. The key terms of the lease are:
Six months into the lease, the roof begins to leak significantly. XYZ Ltd notifies ABC Properties Ltd of the issue, as per the contract. However, despite repeated notifications and requests, ABC Properties Ltd fails to repair the roof for several months. The leak causes substantial damage to XYZ Ltd equipment and disrupts their business operations, making the space virtually unusable.
Separately, ABC Properties Ltd allows another tenant to conduct noisy and disruptive activities in the adjacent office space, despite the lease specifying that the premises are for professional services only. This activity further disrupts XYZ Ltd's business and violates the terms of the lease regarding permitted use.
In this scenario, ABC Properties Ltd’s failure to perform essential structural repairs and permitting unauthorised use of the adjacent property constitutes a repudiatory breach of the lease agreement. This breach fundamentally undermines the purpose of the lease and XYZ Ltd's ability to use the office space as intended.
An anticipatory breach happens when one party says in advance that they will not be fulfilling their contractual obligations. This can be through explicit communication or actions that clearly show they will not perform as agreed.
The non-breaching party can treat the contract as breached, rather than waiting for the breach to happen, and seek remedies immediately.
Example:
ABC Manufacturing Ltd enters into a contract with XYZ Retail Ltd to supply 1,000 units of a specific product by 30th September.
On 15th August, ABC Manufacturing Ltd tells XYZ Retail Ltd that they won't be able to deliver the 1,000 units by the September 30th deadline due to unforeseen production issues. They explicitly state that they will not be able to meet the contract’s requirements and suggest renegotiating the terms or extending the deadline.
However, XYZ Retail Ltd has already planned a major marketing campaign and has committed to customers based on the expected delivery of these products.
The inability of ABC Manufacturing Ltd to deliver on time will cause significant financial and reputational damage to XYZ Retail Ltd.
In this scenario, ABC Manufacturing Ltd’s notification that they will not fulfill the contract by the agreed-upon delivery date constitutes an anticipatory breach of contract.
XYZ Retail Ltd. can act immediately rather than wait until the delivery date has passed.
The most common breach of contract is failure to pay. That is when one party does not make the agreed payments as stipulated in the contracts. This can happen in various contexts, including commercial transactions, service agreements, employment contracts, and loan agreements.
Other common breaches of a contract include:
When a breach of contract happens, the appropriate remedy depends on the nature and severity of the breach and the specific circumstances of the case.
Primary remedies available for a breach of contract include:
Damages are the most common remedy for a breach of contract. They are financial compensation awarded to the non-breaching party to cover the losses incurred.
Specific performance is an equitable remedy where the court orders the breaching party to perform their contractual obligations. This remedy is typically used when damages are insufficient to remedy the breach, such as in contracts involving unique items or property.
An injunction is a court order that either compels a party to do something or stops them from doing something. There are two main types of injunctions:
Rescission is an equitable remedy that cancels the contract and restores both parties to their positions before the contract was made.
It is typically used when there has been a fundamental breach, misrepresentation, or duress.
Restitution aims to return the non-breaching party to the position they were in before the contract was made. This often involves returning any benefits or payments received under the contract.
It is based on the principle of preventing unjust enrichment.
Reformation is an equitable remedy that allows the court to rewrite the contract to reflect the true intentions of the parties.
This remedy is used when the contract, as written, does not accurately reflect what the parties agreed on due to a mistake or misrepresentation.
A declaratory judgement is a court order that determines the rights and obligations of the parties under the contract without awarding damages or ordering specific performance. It clarifies the legal position of the parties.
If you are looking to seek remedies for breach of contract, a litigation solicitor can help you understand your options and pursue the most suitable action to address the breach.
At Lawhive, our experienced network of solicitors is here to provide expert guidance and support online for affordable fixed fees.
Contact us today for a free case evaluation and fixed fee quote for the services of a specialist lawyer.
If you suspect that a breach of contract has occurred, here are the steps you should follow:
A solicitor can help you review the contract, prepare the necessary documentation, and guide you through the legal process.
Before filing a claim in court, you might consider alternative dispute resolution like mediation or arbitration. Often, these approaches can be more cost-effective and quicker than litigation.
A breach of contract can often be resolved without going to court. Resolving disputes out of court is generally preferred as it can save time, reduce costs, and preserve relationships.
There are several ways to resolve a breach of contract without resorting to litigation including:
Out-of-court resolutions are generally less expensive than court proceedings, saving both parties legal fees and court costs.
A material breach is a serious contract violation that substantially undermines the contract's purpose and deprives the non-breaching party of the benefit they reasonably expected to receive.
A minor breach is a partial or less significant contract violation that does not substantially deprive the non-breaching party of the benefits of the contract.
You can't terminate a contract for a minor breach, but you can seek remedies such as damages to compensate for the specific breach.
You can terminate a contract if:
If you're unsure whether you can terminate a contract based on a breach, speak with a solicitor to get professional advice before taking action. They can help you understand your legal position and the potential consequences of the termination.
This is important because, if you terminate a contract for a breach but don't have the legal right to do so, this can be seen as a breach of contract in itself, leading to potential claims from the other party.
To minimise the risk of a breach of contract and protect your interests you should:
If you need assistance with contract drafting, review, or management, our experienced network of solicitors is here to help you be sure that your agreements are robust and enforceable.
Contact us today for a free case evaluation and quote.
The amount you can claim for breach of contract depends on the nature and severity of the breach, the terms of the contract, and the losses you have incurred as a result.
For example, if a supplier fails to deliver goods worth £50,000, resulting in a loss of £20,000 in sales and £5,000 in additional costs to obtain replacement goods, you could claim £50,000 for the direct loss, £20,000 for lost sales (consequential damages), and £5,000 for additional costs, totaling £75,000.
Consulting with a solicitor can help you accurately assess your losses and determine the appropriate amount to claim.
Damages for breach of contract are primarily intended to compensate for financial losses. However, there are certain circumstances where non-financial losses may also be considered.
Non-financial losses, also known as non-pecuniary losses, refer to damages that do not have a direct monetary value. These can include:
These circumstances often involve contracts for pleasure, relaxation, or peace of mind, contracts with an implied duty of care, or employment contracts. For example, If a hospital breaches a contract for medical treatment, leading to significant pain and suffering due to medical negligence or an employer breaches an employment contract in a manner that causes significant damage to an employee’s reputation or mental well-being.
To successfully claim non-financial damages, the losses must be:
If both parties breach a contract at the same time or in a similar way this is known as a concurrent breach.
If one party breaches the contract first, and the other party responds with a subsequent breach, this is known as a sequential breach.
Both situations require a detailed legal analysis to determine the rights and obligations of each party.
If the matter progresses to litigation, courts may apply the doctrine of causation to decide which party's breach caused the most significant harm or disruption to the contract or consider the concept of contributory fault, where both parties are found to have contributed to the breach.
As such, possible outcomes in this situation may include:
If you are accused of breaching a contract, there are several defenses you can raise to challenge the claim. Here are some common defenses to a breach of contract claim:
A solicitor can help you defend against a breach of contract claim.
At Lawhive, our experienced network of solicitors is here to provide expert guidance and support.
Contact us today for a free case evaluation and quote for the services of a specialist lawyer.
At Lawhive, we understand the challenges you face when a contract goes wrong. Whether it's a minor breach causing inconvenience or a material breach impacting your business operations, navigating the complexities of contract law requires expertise and precision.
Our unique blend of technology and legal expertise allows us to provide accessible legal services at a fraction of the cost of traditional high-street firms. We’re here to help you every step of the way, from initial consultation and assessment to negotiation, mediation, or litigation.
Don't let a breach of contract disrupt your life or business any longer. ur network of experienced litigation lawyers specialises in contract law, providing you with clear, practical advice tailored to your specific situation.
Contact us today to speak with our experienced Legal Assessment Team and get a free, no-obligation quote for the services of a specialist breach of contract lawyer.
With straightforward pricing - so you know exactly what to expect at every step.
