Breach of Contract – Litigation News UK

Contractual litigations take place when someone breaches a contract of some kind. Such litigations are expensive and also take time to complete. Such litigations procedures are capable of destroying business relationships. In addition due to such litigation processes cost of the contract increases. Due to this people try to avoid any type of litigation under any circumstance.

Not long ago UK justice secretary has claimed that UK is best place to litigate a lawsuit. For finding solution to the legal problems UK is the cheapest and also the quickest. However, even though such claims are being made, it is essential that you get consultation from experienced solicitors specialised in litigation Jersey.

Contract Law of the UK

Before going any further, let’s take a look at the fundamental principles of England’s contract law. The basic arrangement includes formation of contract, contents of contract and end of the contract.

In the UK law three basic essentials are used to create a contract, including agreement, contractual intent and deliberation. The major focus of a contract is that both the parties come to an agreement. For example an agreement occurs when one of the parties provides an offer and another accepts it. Without this agreement a contract cannot exist. To decide whether this agreement is reached, the court takes a test.

Offer is an essential element. Legally this is nothing but an expression of compliance to come to an agreement. The offer can be made to one person. It can be made to several persons as well. This can be made by expression or by conduct as well. It is important to remember that a contract is different from an invitation. An invitation does not wait for others’ agreements. It is simply an act of asking others to join in some activities.

Without acceptance a contract cannot exist. This is another expression. However, acceptance is a final act of agreement. However, an objective manifestation is required. The acceptance must be affirmative to all the terms of agreement. This acceptance must be done in conduct. Such an acceptance does not have any value until it is sent to the other party. An acceptance by post becomes effective when the letter gets posted. Even if this letter gets lost and the other party does not receive it, the contract comes to effect.

Legal Issue

A legal issue arises when the terms of the contract gets breached. When such litigation takes place, the plaintiff’s solicitor tries to establish that the defendant is responsible for the breach of contract. The objective of the litigation is normally about getting damage money from the responsible person.

Solicitors of the defendant argue with the claim of the plaintiff’s solicitor. Here the objective is to keep low amount of compensation by denying charges.

Process of the Litigation

The process of litigation is complicated. It begins with the review of the disputed contract. In addition of reviewing the contract, the circumstance under which the breach has taken place gets considered as well. Once this is done, interpretation of law begins. Solicitors from both the sides argue on different points of the contract. The pressure of such litigation is so high that people sometimes accept the opportunity of negotiation to prevent a trial.

From government contracts to employment contracts, such litigations can take any sector. Litigators who are specialised in contract law deal with these types of litigations. Services of such types of solicitors can be availed even before the litigation takes place. During the development phase of contract, these solicitors provide their services. This involvement gives them the opportunity of detecting errors related to the contract at the development stage. If you are concerned about an upcoming lawsuit regarding a contract, make sure to involve a contract solicitor from the first day. This will help you make future plans properly.

Author Bio

Jason Baker is a paralegal consultant and a contributing author with many online publications. In this article on litigation in Jersey he tries to explain critical legal issues in the simplest form.

One Response to “Breach of Contract – Litigation News UK”

  1. Laura | Dutch Contract Law Firm AMS Says:

    Breach of contract litigation is very interesting. All cases are different, and good litigation in such cases comes (in my jurisdiction) with both a waterproof legal paragraph, and a good presentation of the facts. Very interesting to read about these cases in different jurisdictions!

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