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If the breaching party willfully broke the contract, or if the breach resulted from deceit, unfair dealing, or fraud, then the court will likely find the breach material. On the other hand, if the breach was due to circumstances beyond the control of the breaching party, the court will be less likely to find the breach material.

But how do courts determine what constitutes a material breach of contract? They refer to a legal treatise called the Restatement (Second) of the Law of Contracts. Completed in 1979, this treatise is one of the most frequently cited in the entire United States justice system – every first year law student in the country learns about it. In combination with the Uniform Commercial Code, the Restatement governs all contracts and sets out the following criteria for a material breach of contract.

We all try to avoid becoming involved in contract disputes, whether as an individual or a business. Unfortunately, that’s not always possible. If you’re dealing with a breach of contract, a contract dispute is sometimes the only way to ensure that your interests are protected. First, let’s learn a bit more about contracts and contract disputes. Then we’ll take a look at some tips for avoiding them in the first place.

The question is, when a business dispute arises, what is the best way to proceed? When handled poorly, business disputes can destroy reputations as well as companies. Some business disputes are always going to end up in a courtroom. However, in some cases, mediation is a more effective strategy.

In today’s fast paced, complex global business environment, business disputes are an unfortunate, but often unavoidable, fact of life. All managers dread business disputes, especially those with the potential to end in litigation.

When it comes to project delays that incur additional cost, there are two categories: excusable and inexcusable delays. Generally speaking, only inexcusable delays will allow an owner to recover damages from a contractor, or a contractor from a subcontractor. Let’s look at the difference between excusable and inexcusable delays in contract disputes.

Contracts are foundational to the way we do business in the modern world. Consequently, contract violations can be very serious and costly. One area where penalties for contract disputes are common and can be very expensive is in the construction industry.

One of the most often combative issues in a divorce is separating assets – who gets what? If you can provide a current and complete list of the assets and other financial information for you both, your attorney will have a huge leverage negotiating issues such as alimony, child support, and division of property in your settlement.

ADR (Alternative Dispute Resolution) is a method of settling civil disputes without the need for a courtroom. Several advantages are available to disputing parties who can utilize ADR. First is the cost. Anytime two parties can settle any dispute out of court, the costs are substantially less.

So you have had a car accident, or you are arguing with your neighbor, or maybe you are working on your estate planning – how do you know when you need a lawyer to help?