A breach of contract can have severe legal penalties. In Tahlequah and throughout Oklahoma, contracts form the backbone of many personal and business relationships. Whether you’re hiring a contractor, leasing commercial property, or entering into a service agreement, a valid contract is legally binding. But what happens when one party fails to live up to their end of the bargain? That’s where breach of contract comes in.
Defining a Breach of Contract
A breach of contract occurs when one party fails to fulfill their legal obligations under a valid agreement. The breach can happen in several ways, including:
- Failing to perform a duty on time
- Refusing to perform at all
- Performing incompletely or improperly
Oklahoma courts generally require four elements to be proven in a breach of contract claim:
- A valid, enforceable contract existed.
- The plaintiff fulfilled their obligations (or had a valid reason not to).
- The defendant failed to meet their obligations under the contract.
- The plaintiff suffered damages as a result of the breach.
Types of Breaches
Oklahoma law recognizes different kinds of contract breaches:
Material Breach
This is a major failure that defeats the purpose of the agreement. For example, if a builder agrees to construct a garage but delivers a carport instead, this could be considered a material breach.
Minor Breach
Also known as a partial breach, this occurs when one party fails to perform a small part of the contract but the rest of the agreement is substantially fulfilled. Minor breaches may still entitle the injured party to damages.
Anticipatory Breach
This occurs when one party makes it clear, through words or actions, that they do not intend to fulfill their future obligations. You don’t have to wait for the breach to happen to take legal action.
Legal Remedies for Breach of Contract
If someone breaches a contract, the law provides several possible remedies:
- Monetary damages to compensate for financial losses
- Specific performance, requiring the breaching party to fulfill their duties
- Rescission of the contract to relieve both parties from their obligations
- Restitution to return benefits already received
The right remedy depends on the nature of the breach and the terms of the contract.
Tahlequah Civil Litigation Attorneys
If you’re dealing with a breach of contract in Tahlequah, don’t navigate it alone. An experienced Oklahoma attorney can help you determine whether a breach has occurred, explore your legal remedies, and take action to protect your interests. For a free and confidential consultation with one of the civil litigation attorneys at Tahlequah Lawyers, call 539-867-2321. Or follow this link to ask an online legal question.