Principal Attorney
Contracts are the foundation of many business relationships and personal agreements, ensuring that all parties involved understand their rights and obligations. However, not all contracts are upheld perfectly. Sometimes, one party may fail to fulfill part of their contractual obligations, leading to what is known as a partial breach of contract. Understanding partial contract breaches and the legal remedies available can help protect your interests and guide you through the resolution process. Here’s what constitutes a partial breach of contract and the legal remedies available in New York.
What Is a Partial Contract Breach?
A partial breach, also known as a minor breach, occurs when one party fails to fulfill a part of their contractual obligations without completely negating the overall contract. Unlike a material breach, which is significant enough to justify terminating the contract, a partial breach usually allows the contract to continue, although the non-breaching party may be entitled to damages.
Examples of Partial Breaches:
- Delivering goods slightly later than agreed, but still within a timeframe that allows the overall contract to be fulfilled.
- Completing most of a service or project, but leaving out a minor, non-essential detail.
- Slightly deviating from the specified materials or methods in a construction contract while still meeting overall standards and requirements.
Legal Remedies for Partial Breaches in New York
When a partial breach occurs, the non-breaching party has several potential legal remedies available. The appropriate remedy will depend on the specific circumstances of the breach and the terms of the contract.
1. Compensatory Damages
Compensatory damages are intended to cover the losses incurred by the non-breaching party due to the partial breach. In New York, compensatory damages aim to put the non-breaching party in the position they would have been in had the breach not occurred. This may include reimbursement for additional costs or losses directly resulting from the breach.
2. Specific Performance
In some cases, the non-breaching party may seek specific performance, which is a court order requiring the breaching party to fulfill their contractual obligations as specified. This remedy is more common in cases involving unique or irreplaceable goods or services where monetary damages would be insufficient.
3. Injunction
An injunction is a court order that prevents the breaching party from taking certain actions that would further violate the contract. This remedy is typically used when the partial breach involves ongoing conduct that needs to be stopped to prevent further harm.
4. Contractual Remedies
Many contracts include specific clauses outlining the remedies available in the event of a breach. These may include liquidated damages, which are predetermined amounts set forth in the contract, or other agreed-upon resolutions. Reviewing the contract carefully with an attorney can help determine if any contractual remedies are applicable.
5. Negotiated Settlements
In many cases, the parties involved in a partial breach may prefer to negotiate a settlement rather than pursue formal legal action. A negotiated settlement can provide a faster, more cost-effective resolution and may help preserve the business relationship. Having an experienced attorney can facilitate productive negotiations and ensure that your interests are protected.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Involved in a Contract Dispute
If you’ve been involved in a dispute over a contract, it is essential to seek the guidance of an experienced attorney who can help you understand your rights, and negotiate.
At Civardi & Obiol, our qualified New York contract attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today.