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Excuses for Breach of Contract

What if the breaching party has an excuse for breaking a contract?

When a party to the contract breaks it in some way, that party often has a reason or excuse for the failure to abide by the agreement. But not all excuses are equal under the law. Only those excuses recognized under the law provide a legal defense for the breaching party. There are many legally-recognized excuses for breaching a contract, but the details of each of those legal excuses are beyond the scope of this discussion. If you have questions about this topic, call or contact us. We’ll help you if we can.

What if the other party has not yet violated the terms of a contract, but I know it will?

A party to a contract may have a legally valid claim even before a blatant breach actually occurs. When it is clear that one party does not intend to abide by the contract in the future but has not yet done anything in violation of the terms of the agreement, the innocent party might have a legal claim. Often this is called “anticipatory breach“ or “anticipatory repudiation.” If we can help you understand whether you have a claim for anticipatory breach, call or contact us. We’ll help you if we can.

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