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Contract Disputes Archives

Understanding specific performance after breach of contract

Breach of contract is a serious issue in Louisiana business and companies that are dealing with it should be aware of the various remedies they have at their disposal to settle the matter. In some instances, a financial payout is enough to end it and have the parties move on. However, that is not always the case making a lawsuit untenable, costly and time-consuming for an unsatisfactory resolution. This is where specific performance comes in.

Understanding breach of contract in Louisiana

Business contracts are the foundation of how things get done between one company and another or a company and an individual in Louisiana. It is unfortunate that not all contracts will go as planned and a contract dispute can arise. When there are issues between those who have agreed to a contract with each other, it is possible that a breach of contract will be alleged. Having legal help when this comes up is an integral part of a successful outcome.

What is a material breach in a contract dispute?

Businesses in Louisiana enter into contracts in good faith - they don't expect a breach of the terms of the contract by either side. However, many contracts will include sections that address how potential issues of breach will be addressed, with many including clauses that call for arbitration instead of litigation. But, most cases will only proceed to this point if there is a material breach that is alleged to have occurred. What is a material breach?

The basics of business contracts

Businesses of all shapes and sizes will likely become party to a variety of contracts during the course of operation. Contracts are just part of business, including contracts with vendors, employment contracts and real estate contracts. So, companies in Louisiana should know some of the basics of business contracts.

What is a contract and what makes it enforceable?

Every day, businesses in Louisiana and elsewhere enter into agreements. To make these agreements legally enforceable, a contract is drafted and signed by the parties involved. Typically, the purpose of the agreement is memorialized through the terms of the contract; however, these terms are sometimes unclear or even sometimes not followed. Therefore, to ensure a proper and workable contract is entered into, it is important to understand what steps are needed to make an enforceable contract.

Emmy Rossum in contract dispute with Showtime regarding pay

Employees in Baton Rouge and other cities across the nation enter contracts with their employers. While employment contracts help designate certain terms such as the job description, salary and length of the contract, some contract terms are not always unambiguous. Thus, both employers and employees should always be prepared for contract disputes regarding the terms set forth in an employment contract, especially if contract disputes are to be settled through negotiation.

The components of a contract and how disputes arise

Business of all sizes in Louisiana and elsewhere enter contracts in the normal course of business. Whether these are simple contracts, employment contracts, vendor agreements or major sale contracts, a business contract can have many layers to it, making it important that all parties to the agreement understand what they are agreeing to. Taking such a step could help the parties avoid a contract dispute or help them better navigate a resolution if one ensues.

Kesha announces first tour after dramatic contract dispute

Louisiana residents understand that entertainers enter employment or business contracts similar to regular employees in the state and elsewhere. And, while these contracts spell out basic terms of employment or a business arrangement, these do not prevent contract disputes from occurring. In fact, if one party to the contract believes that there was a major or even minor breach of contract, this could result in a major dispute that requires business litigation.

What remedies are available for a breach of contract?

As a previous post highlighted, a contract dispute could impact normal business operations for companies in Louisiana and elsewhere. When issues emerge with a contract, whether it's a new contract or a reoccurring one, this could make it difficult to uphold the terms of the agreement. When a party to a contract does not do what the contract outlines, this is often considered a breach. And when a breach occurs, the non-breaching party has options to overcome the situation.

Helping you remedy contract disputes

Minor and major business agreements are made everyday in Louisiana and elsewhere. While these contracts are often entered into and executed without a hitch or any issues, other contracts present some problems for the parties involved. In some cases, one or more parties to the agreement may not be upholding their duties or fulfilling their obligations. These matters often turn into a serious contract dispute, making it difficult for the purpose of the agreement to be met.

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