How Can You Enforce a Contract?

How Can You Enforce a Contract?

Contracts are the foundation of most business, service, and personal agreements. Whether you're hiring a contractor, leasing property, or entering into a business partnership, contracts are meant to ensure all parties follow through on their promises. But what happens when one side doesn’t hold up their end of the deal? How do you enforce a contract and protect your rights?

Here's a straightforward guide to understanding how contract enforcement works and what steps you can take when a breach occurs.

Step 1: Make Sure the Contract Is Valid

Before you can enforce a contract, you need to confirm that it's legally binding. A valid contract generally includes:

• Offer and acceptance: One party offers something, and the other accepts.

• Mutual consideration: Both parties exchange something of value.

• Legal purpose: The contract must be for a legal activity.

• Capacity: All parties must be mentally competent and of legal age.

• Mutual consent: Everyone agrees to the terms without coercion or fraud.

If these elements are present, you likely have a valid contract. Written contracts are easier to enforce than verbal agreements, but even oral contracts can be enforceable in some cases.

Step 2: Determine if There Has Been a Breach

A contract is breached when one party fails to perform their obligations as agreed. There are different types of breaches:

• Material breach: A serious violation that goes to the core of the contract.

• Minor breach: A smaller issue that doesn’t necessarily end the agreement but may entitle the injured party to damages.

• Anticipatory breach: When a party indicates they won’t fulfill their obligations in the future.

Understanding the nature of the breach helps determine the appropriate remedy.

Step 3: Try to Resolve the Issue Informally

Before jumping into legal action, it’s often best to try resolving the issue with the other party. Send a written demand letter outlining:

• The terms of the contract

• How they’ve breached it

• What you want them to do to fix the problem (payment, performance, etc.)

• A deadline to respond

This shows that you’re serious and may prompt the other party to comply without further action.

Step 4: File a Lawsuit in Court

If the other options don’t work, you can enforce your contract through the courts. Remedies may include:

• Damages: Money to compensate for your losses.

• Specific performance: A court order requiring the other party to fulfill their obligations.

• Rescission: Canceling the contract entirely.

It’s wise to hire an attorney to represent you in court, especially for complex agreements or large sums of money.

Need Help Enforcing a Contract?

Contract disputes can be frustrating, but you don’t have to handle them alone. If someone has breached a contract with you, Brinkley Law can help you review your rights and take the appropriate legal action. Contact Brinkley Law today at 317-766-1379 to schedule a consultation.