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Breach Of Contract Information – Steps, Tips, and Procedures

Paul Callaghan

Breach of contract cases are extremely common in small claims court where individuals go to collect money’s owed them due to an agreement between individuals or businesses. Knowing what to do, and how to get started, can help ensure you get the best outcome possible and make a strong case in order to get the payment you deserve, or avoid the payment you do not believe you should have to pay. The following steps tips and information might seem basic, but you’d be surprised how often they are overlooked in the heat of the moment, and when emotions are running hot.

The first question is understanding what constitutes a breach of contract, and whether your case is worth pursuing. A contract is any agreement between two entities, be they businesses, individuals or a mix of the two. Depending on the situation, verbal contracts can be considered just as binding, but they can be harder to prove in court due to the ‘he said, she said’ aspects, and without evidence of a contract, your chances of winning are not as good as they could be. Of course, that does not always mean it is not worth pursuing, and you should look at other aspects of the situation before settling.

Speaking to a lawyer might be a good way to get some insight into the viability of the case. Of course is the amount owed is not much, then it might not be worth it. In any case, if you know a legal professional who would be willing to give you some free advice, it is a good idea to talk it over to see if it is worth pursuing, and what you can do to get the moneys you are owed.

In many cases evidence of a verbal contract can be provided in the way of emails, text messages, or recorded phone calls where the individual admits to owing the money. If you do use an audio recording make sure to check the law to ensure that single party consent is all that is required, and avoid your evidence being considered illegal. Having some evidence is important and can help you ensure your case is as strong as possible.

In the event that you are the one being sued for a payment that you believe is unfair, or unjust, make sure you consult your lawyer regarding the topic. In the event that a company is suing your for payment of a product, check the consumer protection laws as they might help your case if the product was defective, falsely advertised, or in other ways not worth the money. In the worst of cases, consult an Auckland lawyer who deals with breach of contract and they can help you build a strong case or advise you on your best options going forward.

If you are in breach of contract, or someone owes you money due to failing to complete their end of a contract with you, it is most likely you will end up in small claims court. Doing your research, and gathering proof can help you avoid a hefty payment, or loss, due to breach of contract.

If you are in the CBD, McVeagh Fleming, law firm in Auckland, can provide you a good service in relation to any contract breach issues.