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What are the Legal Remedies for a Breach of Contract? ,

What are the Legal Remedies for a Breach of Contract?

Contract disputes often arise between parties over various issues. A contract is a legally binding or enforceable agreement between two or more parties. Written and oral contracts form the basis of most business relationships, and both are enforceable in Georgia courts. When one party does not perform its obligations under a contract, the other party or parties can file a legal claim for breach of contract.

In order to be legally enforceable, all contracts must meet certain requirements.

  • Mutual assent or agreement by all involved parties.
  • The contract must cover all material or important terms.
  • There must be adequate value to support the parties’ obligations under the contract.
  • The subject matter of the contract must not violate the law.
  • All parties must be competent and legally able to contract.

What is My Recourse for Breach of Contract?

Under Georgia law, there are three basic legal remedies for a claim of breach of contract: damages, rescission and specific performance.

Damages
Parties that suffer financial harm because of a breach of contract may possibly recover the following damages, which typically must be definite and documented, and not of a speculatory nature:

  • Compensation for actual business losses
  • Incidental damages for additional losses, such as lost revenue or income
  • Attorneys’ fees and court costs
  • Other liquidated damages established by the contract

Rescission
Rescission means to “rescind” or cancel the contract. This is an option the offended parties can choose due to another party’s breach of contract. Georgia law typically seeks to restore all the innocent parties in the contract to their original position, as if the contract never existed. Their money can be returned and they may also recover damages.

Specific Performance
Specific performance is when the offended party or parties attempt to use the power of the court to force the breaching party to fulfill its obligations under the contract. This is a typical course of action when damages would not adequately compensate the innocent party or parties for their losses.

Georgia Breach of Contract Lawyers

Georgia business disputes can involve contracts between partners, shareholders, employees, vendors, clients and other entities or individuals. Every contract is unique and disputes can be complex. Filing a claim for breach of contract requires the matter to go before the courts in most cases, and you need a seasoned team of attorneys to defend your rights and protect your interests.

Conley Griggs Partin, LLP works hard with professional diligence to pursue the best possible outcome for you in any legal matter pertaining to your business or private contracts. Contact one of our offices to schedule a confidential consultation regarding your breach of contract claim.

Posted on behalf of Conley Griggs Partin LLP

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Mike D.

Cale Conley has a national reputation as an excellent litigator on behalf of injured people and their families. He is a brilliant lawyer and advocate, with impeccable integrity.

Bobby Lee Cook, Trial Lawyer, Summerville, Georgia

We have been privileged to work with Ranse Partin in several high profile cases, and we find his superb scholarship and trial abilities to be excellent.

Meagan D., Client (Confidential settlement in claims for breach of privacy and wrongful termination against a manufacturing company)

Thank you so much for all your dedication and hard work on my case. You made me feel adequate and at ease and be able to open up and express a difficult situation. I am, and will be, forever grateful for you making this trying time in my life as manageable as it could possibly be. It was a pleasure working with you. The positive outcome was such a blessing and made me feel honored to have you stand up for a woman’s dignity. I am so thankful to have met such an admirable person and friend. Thanks again for all your support and guidance.

Laura H., Client (Confidential settlement in claims for wrongful termination against a distribution company)

Thank you so much for handling my case so competently. Your skilled guidance, confidence-building manner, and your kind, warm handling of all our encounters eased the pain of confronting a very tough time in my life. You took a difficult situation and created a very positive outcome. Again I thank you for all your help and friendship.

Kenneth B. Banks, General Counsel, Central Georgia Health System & The Medical Center of Central Georgia, Macon, Georgia

An outstanding attorney, with substantive legal knowledge, skill in advocacy, and sound strategic and business judgment.

L. Joseph Loveland, Senior Partner, King & Spalding LLP, Fellow of the American College of Trial Lawyers, Atlanta, Georgia

Ranse is a talented lawyer and a person of the highest professional character.

Robert D. MacGill, Partner and Chairman of the Litigation Department, Barnes & Thornburg LLP, Indianapolis, Indiana

My opportunity to work with Ranse Partin confirmed to me first hand his extraordinary judgment as a litigator. He consistently showed a mastery of all the factual and legal details of a very complicated case. He remained thoughtful and calm in all circumstances and served his client very well.

C. Wade Monk, Esq., General Counsel, Floyd Medical Center, Rome, Georgia

Floyd Medical Center is extremely pleased with its decision to trust Ranse Partin and his firm with some of our most complex outside legal work. Ranse has skillfully and successfully handled several highly important managed care contract disputes for us. He is the one we turn to when we need outside legal counsel to help us deal with these type of tough legal issues.

Conley Griggs Partin builing office in Altanta, GA.

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