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Did my business partner break our contract?

If you have to ask a question regarding whether parties to a contract breached the terms in some way, then it is likely that they did. Most of the time, investigations show some type of breach.

There are many ways in which someone could violate a contract that you have with them. Some of these may be easier for you to prove than others. Similarly, some may make it easier for you to collect and damages in court. Please read on for some of the details.

As stated on FindLaw, the first test would probably be to determine whether the breach of contract was a material or immaterial breach. As suggested in FindLaw, you may want to look for material breaches first. These types of violations would likely allow you to achieve your goals more easily, whether you wanted to avoid pain for product you did not need, reclaim lost profits from a failed delivery or recoup any other loss you incurred.

If you suffered a loss due to the actions or inactions of the other party but you found that there were no material breaches of the contract, then there may be a minor or immaterial break. In these cases, you may have to show that this breach directly caused the loss. You may also have to show that it was reasonable to assume that this loss would have occurred ahead of time. 

One of the most common types of immaterial breaches is the delay of delivery of services or goods. Many contracts specify delivery dates and completion dates but do not specify that these are central concerns. However, some of these immaterial breaches of contract cause large and foreseeable losses and could form the basis for your successful case.

If you suffer the loss after a business deal, especially if the other party did not do what you expected or what was in the contract, then you may want to consider a lawsuit or an alternative dispute resolution. However, please do not take this as legal advice pursuant to any real situation. It is only a theoretical explanation of the subject.

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