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Dispute Resolution for Individuals

Contract Dispute Solicitors

Chun Wong
Chun Wong
Partner
Claire Kitchen
Claire Kitchen
Partner
Michael Kilbane
Michael Kilbane
Partner
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Ruhul Ameen
Partner
Brenel Menezes
Brenel Menezes
Associate
Stuart Miles
Stuart Miles
Solicitor
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Chloe Rapley
Paralegal

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.

How is a contract formed?

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, that’s 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:

  • Consumer disputes
  • Disputes over business contracts
  • Employment contracts
  • Disputes over contracts for the sale of land
  • Finance contracts

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Several of the examples of the contracts to the left are governed by statutory law. For example:

  • Consumer contracts are governed by the Consumer Rights Act 2015
  • Employment contracts are governed by the Employment Rights Act. For more information about disputes relating to employment contracts, visit our employment law department
  • Business contracts such as Shareholders Agreements may be subject to statutes such as the Companies Act 2006, and partnerships by the Partnership Act 1890

What are the remedies for breach of contract?

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.

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.

 

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Why choose Hodge Jones & Allen Solicitors?

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 you and 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

Due to our team’s experience in disputing contracts, they’re also able to assist in the drafting and preparation of a contract/agreement. 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.

“The advice and support that I received from Michael Kilbane was second to none...Michael gave me clarity, a sense of security, and confidence that a solution would be found."

Frequently asked questions

What is a contract?

A contract is a legally binding agreement between two or more parties to perform specific act(s).

What classes as a contract dispute?

A contract dispute happens when there is a disagreement about the terms and conditions of the contract.

Do I have to go to court to settle a contract dispute?

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, such as arbitration and adjudication.

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