Breach of Contract in Baku, Azerbaijan
Basic elements required to make a legal claim for breach of contract.
In order to form a contract, there must be, at least two parties with the mutual consent with the terms of an agreement, and consideration.
There are basic elements required to make a legal claim for breach of contract.
What are those elements of a breach of contract action?
(1) existence of an enforceable contract between the parties,
(2) plaintiff’s performance as per the contract;
(3) defendant’s failure to perform, and
(4) consequences of non-performance and resulting damage
A breach occurs when one party lives up to the agreement, but the other party does not. The damages are significant because the purpose of the contract was economic, and it is essential to prove that there was a damage inflicted as a result of non-performance.
It can be failure to provide goods or services or to pay in timely manner or meet the deadlines.
The non-breaching party must prove to the court that the other party committed a material breach of the contract, which is the very foundation of the agreement between the parties.
Damages awarded as a result of a breach of contract lawsuit are intended to put the claimant to the position where she/he would have been in if the other party had met the contractual obligations.
Before a breach ever happens, it is worth having your agreement reviewed by lawyer before it occurs.
There are two types of relief available for breach of contract: compensation for the damages inflicted as a direct result of the breach and specific performance, which is usually considered as an option where the financial compensation is not covering the damages.
The court can force the party execute the contract.