Breach of Conditions
To commence, prior to discussing what constitutes as a breach, the term ‘condition’ needs to be defined. First, there’s the matter of a contract, which is typically legally binding and most often is a written agreement between multiple parties.
A condition is merely one of the types of terms of a contract, alongside others, such as warranties. Usually, there is an establishment of what category a term falls under, which usually makes it much more straightforward to determine how breaches are handled.
A condition typically has a cause-and-effect workflow. Once condition A is met, action B is not taken. However, should condition A be breached, then action B becomes plausible.
For example, a loan is a contract. One of the conditions of maintaining the workflow of the loan is consistent and timely payments. So long as this condition remains met, the collateral that may have been established by the borrower remains safe. When that condition is no longer met, it becomes grounds for the lender to claim the collateral and terminate the contract.
It’s critical to note that conditions can fall under two categories. The first is not covered by the law or any other legally sound practice, which means they must be expressed in the contract.
The other category does not require stating as it is a condition in law, which means that litigation demands their presence when a contract is being created. One such condition in a contract having to do with the sale of goods requires accurately representing what is for sale.
The Breach of Condition Process Flow
Once the condition is not honored, then a breach has occurred, and there are different ways to go about this. Often, the party that is wronged in the matter takes two approaches, which may be terminating the contract and suing for any damages that would have ensued because of the breach.
People believe that because a breach of conditions seems so clear-cut, representation is not as important as it may be for other offenses, but this could not be further from the truth. There are some subtle nuances that only an experienced attorney can keep up with, especially in a world where litigation is consistently changing.
If you are the accused party, you might not even have committed a breach. Even if you have, the damages being sought may be highly unreasonable or the punishment being proposed may not be applicable. An experienced legal professional would be able to help you achieve the best possible outcome.
Alternately, if you are the party that has been wronged, you may not be completely aware of how implied conditions may play into your hands. Furthermore, though your contract may establish the conditions that would expressly document the breach, you may be entitled to more compensation than you are aware of.
To that end, it is always recommended to retain the services of a professional attorney in these kinds of cases. Reach out to FMK Law Group today for a case evaluation, which can give you an idea of the best course of action going forward.