Litigating Breach of Contract Claims: Elements of Valid Contracts, Types of Breach, Cure Periods, and Available Remedies

Josh Andrews | Gatehouse Law

Josh Andrews is the managing partner of Gatehouse Law where he focuses his practice on the legal needs of entrepreneurs, business law, and complex transactions, such as business formations; business transactions; raising capital for businesses; complex business negotiations; national and international intellectual property management, property disputes and expansion of business; mergers and acquisitions; and preventative law business consulting.

Mr. Andrews is admitted to practice in Alabama and Georgia. He is a member of the Alabama State Bar and the State Bar of Georgia. Mr. Andrews earned his B.A. degree from Birmingham-Southern College and his J.D. degree from Cumberland School of Law.

I. Establishing breach and termination | 1:00pm – 1:45pm

• Defining a contract: Essential elements (offer, acceptance, consideration, legal capacity, legality)
• Identifying a breach of contract
  • Defining “breach”: Failure to perform contractual obligations
  • Material vs. minor breach: Distinguishing the severity
  • Anticipatory breach (repudiation): What it is and how to prove it
  • Actual breach: Performance failures
• Elements of a breach of contract claim
• Contract termination for breach
  • Termination clauses: Reviewing contractual provisions
  • Notice requirements: Proper procedures and documentation
  • “Material breach” as grounds for termination
  • “Cure” periods: Providing opportunity to remedy the breach

II. Consequences and remedies | 1:45pm – 2:40pm

• Legal consequences of breach
  • Liability for damages: Compensatory, consequential, and incidental
  • Duty to mitigate damages: Plaintiff’s responsibility
  • Liquidated damages: Enforceability and limitations
  • Punitive damages: When and where applicable

Break | 2:00pm – 2:10pm

• Equitable remedies
  • Specific performance: When courts compel performance
  • Injunctions: Restraining actions to prevent further breach
  • Rescission and restitution: Returning parties to original positions
  • Reformation: Correcting errors in contract terms
• Litigation and dispute resolution