It is common for businesses to make a contract with one or more parties. The contract declares the terms and conditions of the commercial relationship. In some cases, a company’s employees need to sign a contract that outlines their work and recruitment in the company. Thus, it may be a short-term contract for a job. However, when one of the concerned parties has breached the contract, this noncompliance refers to the breach of contract from legal perspectives in Toronto, Ontario. Another party can claim for compensation due to the breach of contract. In most cases, the breach causes financial damages, and the breaching party is accountable for these damages.
Contract breaches of different categories
Contract breach cases are of different types as mentioned below-
- Actual breach- It denotes the failure of one party to comply with terms of the contract.
- Anticipatory breach- It is a type of breach when the breaching party is already aware of his inability to fulfill contractual obligations.
- Minor breach- It is the case where the contractual obligation is minor, and a party cannot conform to it. Nonetheless, it has accomplished the job to be performed based on the contract.
- Material breach- The contracted party has done the job as per the legal agreement. But, the outcome is different from anticipations. We call it a material breach of contract.
Sometimes, you may not find it easy to identify the type of breach relevant to your case. You can rely on a lawyer to get a free consultation service. During this consultation session, he will analyze your case and enable you to appeal to the court in Ontario.
Ways to calculate the breach of contract damages
The court in Ontario helps litigants to get monetary damages in the breach of contract case. As a plaintiff, you have to prove that the defendant has breached it. The method for damage calculation is based on the nature of the contract breach and agreement details. In most instances, the contract reveals the damage calculation method.
However, while the contract is about the service and goods provision, the court checks the present market value of concerned items. The alleged party has to incur the loss caused by the breach.
During the time of filing your breach of contract lawsuit in Toronto, Ontario, you have to focus on some factors-
First, you need to ensure that you have made a contract with other parties in a particular situation (business transactions and other types of agreements).
Secondly, you must confirm that the breaching party is liable for violating a vital contract term.
Thirdly, you have to prove that the breach has caused you to suffer a loss. For instance, faulty workmanship repairs and the cost of accomplishing the job.
You can speak to the certified lawyer Jonathan Kleiman to get the best legal help. He can assist you in claiming damages and know the potential of winning the case in Toronto.
As you need to show the proof of contracts, you have to identify the nature of your agreement. Written contracts have an attached copy revealing the details. You may find it easy to make your breach of contract claims based on these written proofs. Conversely, with oral contracts, you can face issues to confirm your claims. Another common category is the implied contract, and it does not have any words of agreement.
Breach of contract- What are the types of remedies?
- Damages– The non-breaching party can claim of compensatory damages and punitive damages. For punitive damages, the alleged party has to pay an amount as compensation. Nominal damages refer to small, token damages not related to monetary loss. Another category is the liquidated damage that has to constitute a reasonable damage estimate.
- Specific Performance- If there are inadequate damages, the plaintiff can claim this remedy. Besides, it is especially applicable when the agreement issue is unique, and damages are not enough for compensating the non-breaching party.
- Cancellation and Restitution- To sue for restitution, you can cancel the contract and benefit the breaching party for some reason.
Hire a lawyer for legal help –
You can get in touch with a trustworthy lawyer, Jonathan Kleiman to deal with your case. As a reliable lawyer, he will act as your legal representative and protect your rights when there is a breach of contract in Toronto. Kleiman’s free consultation service is available for any type of breaches related to employment contracts, commercial contracts, verbal agreements, contracts of property sales, and several other cases.