Businesses often negotiate contracts to make operations predictable. The same is true of individuals contracting with companies or other people. They want to lock in specific support services and prices. By outlining expectations and making specific promises to each other, the parties who sign a contract help take the uncertainty out of working together.
Typically, those with a contract on record expect the other party to fulfill their obligations, just as they intend to fulfill their personal responsibilities in good faith. One party’s future plans may rely on the completion of the contract by the other party.
Unfortunately, contract breaches are a common occurrence. Oversights, miscommunication and intentional fraud can leave one party struggling despite a contract that should protect them. It is sometimes necessary to take legal action to enforce a contract in the civil courts.
Civil court judges have the authority to issue orders
A judge hearing cases in the civil courts can enforce the law or the terms of a contract. Judges have an assortment of options available when addressing contract breaches. They may sometimes decide to invalidate a contract or may rule that no breach occurred.
However, if they validate the claims of the plaintiff, they have multiple ways to resolve the issue. Judges can terminate contracts and end the obligations that the parties have to each other. They can also enforce certain elements of the contract, including penalty clauses that create financial consequences for a breach.
Judges can also award damages to the plaintiff if there are verifiable economic consequences for the breach of contract that occurred. In some cases, judges may issue orders of specific performance. They instruct one party to follow through with contractual obligations or promises made to the other party.
Any of these solutions can help resolve the issue and limit the negative impact the breach has on the plaintiff. Those who respond promptly to a breach of contract with civil litigation are often in a strong position to secure the best outcome given the situation.
