Contracts
7. Breach of Contract
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 19 Jul 2015
- If a contract has been breached there are certain actions that may be taken.
- Generally speaking only a party to a contract can be bound by it or can take action where a contract has not been performed.
- The first course of action is to see if the breach can be corrected. Discuss the issue with the party breaching the contract and see if a solution can be found.
- If the terms of the contract set out a certain dispute resolution procedure such as mediation then the parties should attempt to resolve the dispute this way before starting legal action in court. A court may refuse to hear the dispute until any dispute resolution mechanisms specified in the contract have been followed.
- Even if there are no clauses in the contract dealing with dispute resolution the parties can still agree to try and resolve the dispute through mediation or arbitration. This can be cheaper and faster than going to court.
- Certain government departments may be able to provide you with assistance in some cases where the breach of contract is also considered a breach of a statute.
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