What is a breach of contract?
Breach in the legal terminology refers to any violation of an agreement undertaken by parties. It results when any party fails to fulfill its part of the contract as it was agreed to in the provisions set in the agreement. It may also include the lack of a party’s ability to fulfill the duties it had agreed in the contract. Contracts as per the law may be breached either as part or on the whole. Both these categories fall under the breach of contract for which legal remedy is available.
The four elements of breach of contract
As per the UAE laws, a breach of contract entails four elements which are listed below:
- A legal contract has to exist
- The defendant fails to abide or perform according to the agreement.
- Plaintiff Performance or valid justification provided for nonperformance
- The plaintiff endures damages on account of the defendant’s nonperformance
How these elements work
If a plaintiff wishes to pursue a suit against the defendant on charges of breach of contract, then he/she will have first to ensure that evidence is provided for each of the four elements.
So as a start, the plaintiff must possess a strong understanding of these four elements. A step that will help a plaintiff is to draft a demand letter. Availing the services of the best law firms in Dubai to draft a demand letter will be the right choice.
Out of these four elements, the first element is the most critical when claiming a breach of contract. It is also the most defining one that proves the existence of an agreement. However, this element may be present in the form of a written or oral agreement.
A plaintiff will also have to demonstrate he/she has performed the duties and other functions as agreed in the contract. The plaintiff will also have to establish the terms or provisions that have been set. In case all these points are proved, then the plaintiff will have to show the damages that have been incurred.
What if both parties claim breach of contract?
In such a case, there will not be any legal remedy or relief until the breach committed by the other party is of a more substantial proportion and has proved costlier than the other party’s breach.
Contact the best law firms in Dubai if you feel your case is complicated or you are facing difficulties related to filing claims over breach of contract. The right lawyer will help you get compensation for the loss you or your company suffered.