Notice of Breach of Contract

Notice of Breach of Contract

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Notice of Breach of Contract
Notice of Breach of Contract

INTRODUCTION

Contract means when two parties with their mutual understanding make a contract and promises to perform their duties. It is legal enforceable agreement but a breach of contract means that when one party fails to perform the duties or pay certain amount. It means that the set out principles are not been Followed or not been fulfilled.

A breach of contract occurs when one party is unable to perform the duty within a specified time frame; the terms and conditions are not followed properly. If one party fails to perform the duties but if other party performs his duties then he is entitled to the legal remedies as a consequence of the breach of contract.

TYPES OF BREACHES

THERE ARE FOUR DIFFERENT TYPES OF BREACHES MEANS:

  •  ACTUAL BREACH OF CONTRACT- It is a kind of breach of contract in which one party either performs his obligations out the time span or if one party performs but other party fails to perform.
  • ANTICIPATORY BREACH – it is kind of breach of contract in which one party refuses to perform his duties before the expiration of the date or period.
  • MINOR BREACH – in this contract where a party fails to perform a unimportant part of the contract, hence it is a breach but it contract can be completed.
  • MATERIAL BREACH – in this when one party fulfills his obligations and duties accordance with the contract. But the other party does not give the desired things.

NOTICE OF BREACH OF CONTRACT

  • A notice of breach of contract means that the party has to provide the opposite party the notice of the breach of the contract.
  • In this notice all the reasons and causes of the breach is been laid down in the notice.
  • It is mandatory to give the notice to the other party about how the breach of contract has taken place.
  • In the breach of contract the measures are also been laid down. It includes all the preventive actions which can solve the contractual disputes or to bring to an end.

WHAT TO INCLUDE IN THE NOTICE

When drafting a notice of breach of contract then it is pertinent to know that there are requirements of the following things:

  • The date should be mentioned in the notice – The party on the date made aware of the breach of the contract is essential in the ending of the disputes.
  • In the contract it must be mentioned that how the certain contract is to be given in what way it should be delivered. Like through the fax, email, post. If it is not mentioned in the contract that through which means is to be mentioned then the breaching party has to suffer a lot.
  • Brief detail about the breach – It should be written in the notice that under what section it would come.
  • The main element of the notice is to mentioning the method to be used in solving the disputes. Given more importance to the guidelines lay down in the notice this has to be followed.
  • The manner should be very professional and it should only contain about the legal injuries. It should be written in a decent way and aimed at solving the disputes at first.
Notice of Breach of Contract

For Drafting a Legal Notice kindly click here

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