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Contract breach: commonplace reality in an imperfect business world

On Behalf of | Oct 2, 2015 | Contracts |

Utopia is of course an optimal setting in any imaginable context. When all is harmony and bliss, there is no basis for acrimony or for the relationships forged between people to sour.

Being such an incredibly nice place unfortunately makes utopia a flatly fictional concept, given the propensity of human beings to find things to disagree about.

The term “utopia” is seldom bandied about in the same sentence with the word “business,” for example. The commercial universe that so centrally defines the United States and drives its energies is hard-edged rather than soft and consensus-laden. It is marked by a fair measure of mistrust, arms-length transactions and participants’ due attention to dispute-resolving mechanisms to invoke in the event that things might go wrong, as they often do.

Knowing that a contracted-with party will perform as promised in all particulars (in response to your reciprocal promise to perform, of course) is an assurance that is critically important in virtually all commercial matters. Reliability and trust go to the very essence of most business relationships, and for obviously good reasons.

Because when they lack, business viability can be imperiled.

Contracts — not utopian understandings — are what centrally define business relationships among parties in Michigan and across the United States.

Contracts spell out the material terms and conditions that guide business parties in their relationships. When carefully drafted and closely adhered to by contracting parties, successful commercial outcomes often follow.

Yet, of course, they sometimes don’t, with one party’s contractual breach being the catalyst that fuels a business emergency.

As noted in an online overview of contractual breaches in business matters, a breach can occur for any number of reasons. Perhaps a contracted-with party is not timely supplying promised goods or services. Maybe the agreed-to price for a product was summarily jacked up. Perhaps an inferior product has been substituted for a higher-quality item that was originally promised.

Whatever the reason for a breach, a party adversely affected by it often has a compelling need to address it promptly.

A number of legal remedies are available to parties that have suffered from third-party contract breach. They range from various damage recoveries to the requirement that a breaching party specifically perform.

Any person with questions or concerns regarding a contractual breach matter can obtain timely advice and strong legal representation from a proven business and commercial law attorney.


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