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Is business litigation a must when a breach of contract occurs?

Business owners in Georgia and elsewhere use contracts to help their companies. Unfortunately, some may find that the people on the other ends of these legal documents are not living up to their responsibilities. When this happens, one question generally arises: is business litigation the only way to resolve the situation?

The short answer to this question is no, thankfully. Not all breach of contract cases end up going to court. In fact, most are resolved through alternative dispute resolution methods.

What if going to court is necessary? While business owners may fight tooth and nail to resolve contract breaches without having to get a judge involved, sometimes it is simply unavoidable. It is okay when this happens. If it does, plaintiffs need to be prepared by:

  • Having a valid contract in hand
  • Being prepared with evidence of contract breach
  • Having proof that one did everything to fulfill his or her end of the contract
  • Notifying the defendant of the intent to pursue legal action

If one is the defendant, there are several ways to fight breach of contract claims. Some include claiming fraud, suggesting the contract was a mistake, claiming that it was signed under duress or as a result of undue influence, or by showing that the statute of limitation has run out on the case. One's legal counsel will be able to review the details of the situation and offer guidance on picking the most appropriate defense method.

A breach of contract, or accusations of a breach of contract, can really hurt a business. Obviously, there would be reason to want to resolve the matter as swiftly as possible. Georgia business owners can turn to a business litigation attorney for the help they need so that the situation can be taken care of in the most appropriate manner.

Source: thebalance.com, "What is Breach of Contract in Business Lawsuits?", Jean Murray, Accessed on Oct. 21, 2017

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