Breach of contract is one of the most frequently consulted cases in the legal profession, so here are some tips on how to make a claim.
1. What is a contract?
First of all, it is important to understand what a contract is. We consider a contract as a legal agreement between two parties who agree on certain conditions, responsibilities, obligations and rights, which must be fulfilled as stated in the contract.
2. Breach of contract and its requirements
Breach of contract is the situation in which one of the parties does not comply with what has been agreed, either through negligence or wilful misconduct, and causes damage to the other party.
The requirements for breach of contract to be understood as such are as follows:
- There must be a serious breach
- It must be fundamental
- The non-performance must be of real importance for the economy of the parties.
- There must be bad faith
3. How to complain?
First of all, it is important to contact a professional in the field. A lawyer as Navas & Cusi will be able to advise you on the best way to know your rights.
- First: As a first step, you could opt for an extrajudicial demand for the fulfilment of the contract. That is, send a written statement to the other party asking them to comply with the agreement in the shortest possible time. If that does not work, either because it is impossible to communicate with the other party or because no response is received, mediation could be sought.
- Second: Opt for a mediator before initiating a lawsuit. The mediator be in charge of bringing the two parties closer to an agreement. Or go to a conciliation procedure in front of a court, with the same objective.
Both options are voluntary and may not be successful. But they are used to record the intention of one of the parties to reach an agreement.
- Third: Initiate a lawsuit through the courts. Here the lawyer will be in charge of completing the formalities required by the lawsuit and unlike the previous instance, in this case the presentation of both parties is obligatory.
Independently of the demand for contractual performance, the claim for damages due to the breach of contract can be added to the claim.
4. What are the effects of a claim or complaint for breach of contract?
The termination of the contract imposes the need to re-establish the situation prior to the contract, that is to say, the return to the pre-existing situation, which obliges the restitution of what each party has received by reason of the link by which you were bound to the other party.
For the interpretation of the termination of contracts for non-performance, this function will be solely and exclusively attributed to the judge in charge of resolving the matter.
When the default is for non-payment of a certain price, which is due and payable after a certain period of time, the European order for payment procedure is of interest.
In Navas & Cusi law firm, you will be accompanied by expert lawyers in European Union Law from the first moment of the drafting of the contract, ensuring that the contract complies with all legal requirements and is executed successfully, as well as in the process of claiming for breach if necessary.
