Knoxville Breach of Contract Attorney
Knoxville businesses form contracts practically every day. These contracts set the terms of employment and determine how much a business will pay for goods, services, or materials. Few businesses are prepared when the other side fails to live up to their promises.
At Atkins Brezina, PLLC, a Knoxville breach of contract attorney can assist when a counterparty breaks its promises or if you are accused of breaking a deal. Please contact us to learn more.
Businesses Use Contracts for Everything
Long gone are the days where a spoken promise and a handshake sufficed to form a business relationship. Instead, a savvy business today will have a contract for a variety of relationships. We help clients when any of the following contracts are in dispute:
- Employment contracts
- Non-disclosure agreements
- Severance agreements
- Commercial real estate transactions
- Vendor contracts
- Licensing agreements
- Construction contracts
- Quasi contracts
Valid Contracts in Tennessee
To bring a breach of contract action, you first must show you have a valid contract. There should be an offer and an acceptance reduced to writing, along with consideration. Essentially, consideration is the giving up of something, such as money, so that the agreement is not simply a one-sided promise but is, instead, a mutual obligation.
The contract also cannot be against public policy. For example, parties cannot make a valid contract to do something illegal, and minors cannot form a valid contract.
Under Tennessee Code § 47-50-112, contracts are enforced as written, and the words in the contract are presumed to contain the agreement between the parties.
What to Do When the Other Side Breaches
The first step is to determine if the other side has, in fact, breached. A simple, “I don’t want to do business with you” in an email is an obvious example of someone refusing to follow a contract. But other breaches are less obvious. A vendor who supplies substandard goods, for example, could be breaching.
It is sometimes possible to repair the relationship by renegotiating terms of the agreement. In other situations, however, legal action is necessary to protect your rights. Our Knoxville breach of contract attorney will meet to discuss your goals.
Possible legal remedies include:
- Damages to compensate for money you lost because of the breach. The other side’s breach might have forced you to buy replacement goods or services at a higher price. Your business might also have lost contracts or had to shut down.
- Liquidated damages, which are set by the contract. They might be illegal if they are too large.
- Specific performance. Sometimes, you can request that a court order the other side to go through with the contract even if they don’t want to. Specific performance is not available if you can just buy replacement goods or services.
- You might want a contract voided, so you can seek to have it rescinded, which frees both sides from any obligation going forward.
Get Help with Knoxville Breach of Contract Actions
A Atkins Brezina, PLLC Knoxville breach of contract attorney can review the contract and discuss legal options. We realize that contract disputes should not break the bank, so we provide efficient legal representation to seek a favorable resolution to this dispute.