Wisconsin business owners know that honoring contracts is the bedrock of doing business. Whether you need a solid understanding of contract law to help run your business or need to understand how you can prove breach of contract after a deal goes bad, the team at Mallery s.c. can help. In this post, we will explain the basics of Wisconsin contract law and what to do after another party breaches a contract with you.
What Is a Breach of Contract?
In Wisconsin, a breach of contract happens when a party to a contract fails to abide by the contract’s terms. Proving breach of contract in Wisconsin requires more than merely asserting that one party has not fulfilled their end of the bargain. To prove breach of contract, you must show that the other party’s actions materially reduced the value of the contract or that their actions fundamentally altered the outcome of the agreement to the extent that one party would have the right to terminate the contract.
If you have been the victim of a breach of contract, contact a member of the Mallery s.c. team. When you call the attorneys at Mallery, we will provide professional and honest advice for resolving your contract dispute. Our firm is known for its strategic approach to breach of contract matters. We will guide you on the best approach to maximize your results, whether that means pursuing litigation or achieving a settlement through negotiation.
What Are The Elements of Breach of Contract in Wisconsin?
How do you prove breach of contract in Wisconsin? First, you need to identify whether your contract has been breached. There are several ways a contract can be breached in Wisconsin. These include:
- When a party fails to perform a task specified in the contract;
- When it becomes impossible for the other party to perform a task stipulated in the contract; and
- When a party communicates their intent to not perform under the contract.
Once it is clear that your contract has been breached, it is time to consider how to prove this in a lawsuit. While these three criteria may seem clear-cut, proving that one or more of them has been met is not always so easy. This is where working with an experienced breach of contract attorney is essential.
The elements of a breach of contract claim in Wisconsin include:
- Demonstrating that an enforceable contract exists;
- Showing that the defendant caused a material or breach of the contract; and
- Proving that you suffered damages as a result of that breach.
A knowledgeable breach of contract lawyer can help you prove a breach of contract claim in Wisconsin. Gathering evidence can be a time consuming task, and a lawyer can help you understand what items you will need to best prove your case.
What Damages Are Available If Your Contract Has Been Breached?
A successful breach of contract claim must demonstrate that you suffered damages because the contract was breached. “Losses” can include money, time, opportunity, or other such damages. Monetary damages are typically awarded in breach of contract cases to make individuals whole, meaning to return them to the position they were in prior to entering the agreement.
Though uncommon, if you can prove that you were intentionally defrauded or misled during the contract formation or breach, you may be able to receive an additional sum of money in the form of punitive damages. You may also be able to receive attorney fees if you are successful in your lawsuit, depending on what the terms of the contract say.
How Mallery Can Help
We see many clients dealing with breach of contract issues. We help individuals and business owners throughout Wisconsin understand contract law and zealously pursue their rights under breached contracts.
We can help you protect your business by drafting the best possible contract for you from the start or by crafting smart strategies to handle difficult contract issues after the fact. Whether your dispute is large or small, if you’re facing business litigation and wondering, “How do you prove breach of contract in Wisconsin?” we can help.
At Mallery, our specialty is helping clients of all sizes and types resolve business disputes fairly and efficiently. We can help you decide to offer a settlement or continue toward mediation, arbitration, or a court hearing. Our trusted advisors will provide you with the information you need to know as you move toward resolving your business dispute with your dignity and well-being intact. Contact our office today.