Dispute Resolution
Contracts govern our everyday lives and almost everyone enters into a contract every day. Commonly experienced contracts range from an employment contract to purchases made over the internet and in shops.
Where one party doesn’t fulfil their part of the contract, or where one party has misrepresented part of a contract or their situation when entering into a contract, a dispute can arise.
A contract is formed when one party makes an offer and the other party accepts that offer. There also has to be some form of payment (this doesn’t have to be monetary), known as consideration, between the parties.
Some people assume that to have a contract this needs to be a written document for it to be legally binding. This isn’t always the case, a verbal contract can be equally as binding on both parties.
Common contract disputes involve:
Several of the examples of the contracts are governed by statutory law. For example:
Our solicitors combine their technical expertise with a pragmatic and commercial approach to provide tactical and strategic advice to protect your rights, interest and reputations.
“You have been excellent and I couldn’t have hoped for better advice and representation.”
Remedies for breach of contract are varied. If the breach is serious enough, the contract may be repudiated, which means that the situation will be viewed as if the contract had never been entered into. There are also situations where a contract can be terminated.
Even if a term of the contract has been breached, the clause breached may not be serious enough to warrant repudiation or termination. Clauses in contracts are often described as either a “Condition”, or a “Warranty”.
Conditions: Put simply, conditions are terms that are central to a contract. A breach of a condition may allow an innocent party to terminate a contract.
Warranties are less crucial than a condition, and a contract may not be terminated if a warranty is breached.
Contract disputes can be difficult to unravel, especially when a party has paid money for something that hasn’t materialised. Whether you’re defending or pursuing a claim for breach of contract, or wanting advice about specific clauses in a contract, our team of expert solicitors are there to assist and advise you.
You may also have a claim if you have entered into a contract as a result of misrepresentations made (either fraudulently or negligently)
The most common remedy in a contractual dispute is usually a payment of damages. Damages will usually be limited to a sum that puts the injured party back in the situation that s/he would have been in, had the breach not occurred. Damages for injury to feelings or stress are rarely awarded.
Cost Effective Solutions
Our team have a wide range of experience in a variety of sectors and industries. They will work closely with you to make sure you reach the correct outcome.
Tailored Service
We’ll tailor our services to what is most beneficial for for you/your business. Whether you’re defending or pursuing a claim for a breach of contract, or wanting advice about specific clauses in a contract, our team of solicitors are there to assist and advise you.
Highly Experienced
Getting advice at the outset can be incredibly useful in avoiding problems later down the line, saving you the stresses, time and costs of a dispute.
Brenel has been amazing so kind and caring. Communication absolutely amazing and l really felt like she had my back. A huge thank you.
We were instructed by a business (“A”) that had entered into a contract with another business (“B”) for designing an app, which included a considerable amount of intellectual property. Eventually, the relationship between the two parties broke down. B stated that A had breached the contract by not carrying out all the work. A negated this and said that B had demanded that A carry out extra works, for no extra charge. The complicating factor was how the intellectual property was dealt with after the contract was terminated. When the case came to us, both parties were deeply entrenched.
Outcome: The case was settled by negotiation without the need for proceedings.
A contract is a legally binding agreement between two or more parties to perform specific act(s).
A contract dispute happens when there is a disagreement about the terms and conditions of the contract.
You don’t have to go to court to resolve a dispute arising from a contract. You can also opt for mediation, this is when a neutral third party helps you to reach a compromise with the other party. It’s important to note that mediators don’t decide the outcome of a dispute.
You also can opt for other forms of alternative dispute resolution, such as arbitration and adjudication.
Hodge Jones & Allen Solicitors have been recognised as one of Chambers and Partners‘ top firms. The firm is also noted by the Legal 500 for our commitment to excellence. You can rest assured that our team are highly experienced in handling even the toughest dispute resolution cases.
Hodge Jones & Allen Solicitors is proud of the many positive testimonials that we receive, reinforced by our ‘Excellent’ rating on Trustpilot. Please read through what some of our clients have had to say about their experience with our legal teams.