Breach of Contract Lawyer Maryland
A repudiatory breach of contract (sometimes referred to as “fundamental” breach) is a breach so substantial that it permits the distressed party to terminate the contract completely, in addition to entitling that same party to sue for damages. The key feature of repudiatory breaches is that they are communicated expressly. It is typically done before the action or trade contained in the contract has begun. This is beneficial for both parties because it gives the non-breaching party opportunity to find product or services elsewhere and the breaching party does not face any consequences if this is done prior to services being carried out. However, if services or goods have been traded or are already in progress when the breaching party pursues a repudiatory breach, there can be consequences.
The doctrine of repudiatory breach was developed in order to deal with exclusion clauses in breach of contract. This was because some breaches were so serious that exclusion clauses should not (and still not) be able to cover them. In considering the consequences of repudiatory breach, it is necessary that to draw a distinction between a somewhat repudiatory breach which leaves a contract open to being performed and a repudiatory breach that brings the end of a contract.
- If you leave a contract open, this means that you can sue for breaches in the future or breaches in the past, and you can get damages stated in the contract but nothing more than that. What happens in this scenario if a breach is made is that you can request action where you continue to affirm the contract, therefore the contract is still on. You cannot sue for repudiatory breach once you have made this decision. In the eyes of the law, if you affirm a contract, you should not try to claim the full amount as well.
- If you end a contract this means that one party has been deemed guilty of a repudiatory breach of contract (that is, the breach goes to the very root of the contract), and the other side accepts the breach. So the contract comes to an end, and the guilty party can no longer rely on the exclusion clause.
Contact a Maryland Breach of Contract Lawyer Today
If you have incurred what you consider to be a repudiatory breach of contract by another party and wish to pursue a claim, you should reach out to a breach of contract lawyer in Maryland today. Oftentimes the initial consultation is free and the attorney will work on a contingency fee basis. This means that you will not have to pay him or her if you lose your case. On the contrary, if you have been sued for breach of contract or are being threatened to be sued for breach of contract, it is also very important that you contact an attorney. Discuss what is going on with your specific situation, and make sure that you have a knowledgeable breach of contract lawyer Maryland clients recommend looking out for you. They will do their very best to win your case and bring you the justice you deserve.