Breach of Contract Notice
A contract takes place between two parties and Breach of Contract
takes place when one of the parties do not fulfill any of the terms of
the contract. The first step to deal with it is to prepare a notice for
breach of contract.
Types of Breach of Contract
A breach may be of two types.
1). Anticipatory Breach
Anticipatory breach of contract takes place when one party anticipates that the other party will not fulfill the terms of contract. For example, if A and B enter into a contract where B will supply photocopy machines to A at a certain time. But, it is possible that B's actions make A believe that B will not fulfill his part of the contract. In this case, A can take action against B for anticipatory breach of contract. In such case, A will also become free from any responsibility of performing his part of the contract.
2). Actual Breach
Actual breach of contract takes place when either party refuses to perform its part in the contract. In the above example, if B refuses to supply the machines to A, it will amount to an actual breach of contract.
The remedy for breach of contract is either rescission, actual performance or damages. But, before taking any legal action, it is necessary to send a notice to the person against whom you are taking the action.
Features of Notice for Breach of Contract
A valid notice for breach of contract usually contains the following information:
- A short statement of material facts that form the basis for claim of damages.
- The relief that you seek from the other party.
- A summary of the legal basis for relief you seek.
- Name of the person to whom you want to send the notice.
- Any previous communications in respect of the same cause.
- Reason for sending the notice.
- A reasonable time frame for replying to the notice.
Fee for Preparing a Notice for Breach
The professional fee starts from Rs. 2999.
Timeline for Preparing a Notice for Breach
It usually takes 2-3 business days. But it depends on the time you take to provide us with all relevant details.
How PocketLawyer Can Help?
need any help with drafting a notice for breach of contract or its
reply? You can find a one-stop hassle free solution at PocketLawyer.
At PocketLawyer, you can post your requirement
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