Breach of Contract
Contracts are an essential part of a business’s day-to-day operations. Businesses are often party to several contracts at a time, with employees, customers, and vendors—just to name a few. If your business is in a contract with another party who fails to uphold their side of the agreement, the impact on your business could be severe. When a party to a contract does not fulfill its
Sometimes, the parties to a contract can work out a solution that avoids actually litigating the breach of contract claim. If you believe this might be the best solution for your business, you should nevertheless consult with an experienced business attorney to advise you regarding an amendment to the contract and to be sure that you are not unnecessarily waiving any remedy that you may want or need to pursue later.
On the other hand, some cases involving a breach of contract cannot or should not be worked out amicably. And in some very unfortunate situations, a party who has breached a contract may actually have entered into the contract with fraudulent intent. That is, the party may never have really intended to perform its obligations. In such a situation, the plaintiff may also have a claim for fraud. A successful plaintiff in a suit alleging fraud may be able to recover exemplary (or punitive) damages from the defendant. The prevailing party in a breach of contract lawsuit (with or without an additional claim for fraud) can typically recover attorneys’ fees.
Tortious Interference with Prospective or Existing Business Relations
Texas law prohibits deliberately interfering with a business’s existing or prospective relations. Some examples of tortious interference are: • making defamatory statements about a business; • encouraging others to participate in an illegal boycott of a business; • threatening physical harm to someone who contracts with a business
A successful plaintiff in a lawsuit for tortious interference may be able to recover monetary damages for economic injury and personal injury (such as mental anguish and injury to reputation). The plaintiff may also be awarded exemplary damages.
An experienced business lawyer can help you, not only in times of crisis such as when another party breaches a contract, but in an advisory capacity to head off problems before they become overwhelming or even before they arise. This firm also handles other litigation and transactional aspects of business law, including:
Litigation: • Collections • Commercial Landlord/Tenant Disputes • Defamation • Deceptive Trade Practices • Fraud • Negligent Misrepresentation • Partnership Disputes • Premises Liability
Transactional: • Business formation • Buying and selling a business • Contract drafting or renegotiation • Contract review • Non-Compete/Non-Disclosure Agreements • Winding up a business
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