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Contract Disputes

Entering into a legally binding contract is a regular occurrence in everyday life, whether individuals fully appreciate the implications of their terms or not. The terms of an agreement can be implied rather than explicitly detailed in writing and unfortunately parties do not always honour their obligations which can lead to breach of contract.

When a dispute arises in connection with a contract, our specialists can assist in resolving matters as quickly and cost-effectively as possible. We appreciate how easily disputes can arise when parties neglect to perform their obligations.

We will endeavour to get the right remedy available to you with your needs in mind. For breach of contract remedies include:

Damages
These are awarded to the party who has suffered loss; assessed in proportion to the loss the “innocent” party has faced. The aim of this popular remedy is to compensate the claiming party, rather than to punish the defaulting party.

Specific performance
The idea of specific performance is to replicate the position those involved would be in if the contract had completed. This could require one party to perform their obligations as agreed in the contract and may be the result of a court order.

Rescission
This shall leave the parties in the same position that they were in prior to the contract being made. The contract ceases to exist. Rescission is only available as a remedy where the consent of one of the parties to the contract was flawed. There are also bars to rescission.

Rectification
The Court may rectify a mistake in a contract. This is a way of fixing common mistakes such as in-correct wording, whether it is disputed or agreed between the contracting parties.

Whether you are the claimant of defendant of a current or anticipated contract dispute, we can help resolve your matter with your objectives in mind.