What are Examples of breaches of contract that may cause an aggrieved party to sue a defaulting party?

1. Failure to make payment for the supply of good or services
2. Defective performance of a contract occasioning loss to a party to the contract
3. Delayed performance
4. Missing parts in performance of a contract
5. Anticipatory breach in which a party to a contract shows by words or conduct that they intend to breach a contract.

What information should a plaint on breach of contract contain?

A plaint is a legal document or pleading filed in court by the Plaintiff (who is the aggrieved party in a breach of contract case), that details the breach of contract and is ordinarily used to initiate a breach of contract case in court.

The plaint should set out the salient terms of the contract (that must be fundamentally understood by the magistrate or judge dealing with the case) e.g. who the parties to the contract were, what was the subject matter of the contract, the date on which the contract was entered into, details of payments made or to be made and any other material facts that help your case.

The plaint should set out the particulars of the breach of contract by stating who breached the contract, how the contract was breached and what demands have been made by the Plaintiff in order to resolve the matter before going to court.

The plaint should also set out the request(s) to the court, meaning what you want the court to do for you in that particular case.

What Information can you include in your evidence bundle?

The specific evidence is dependent on the specific contract and circumstances of your case. For instance, in one circumstance, the plaintiff in a breach of contract case can adduce the actual contract that has been breached, relevant correspondence with the defaulting party, proof of payment, the demand letter written prior to instituting the suit and any other relevant evidence that will help your specific case.

What remedies can you ask for?

1. The Plaintiff can ask the court for the payment of damages occasioned by breach of contract.
2. If appropriate, the Plaintiff can seek liquidated damages if this was already set out in the terms of the contract that has been breached.
3. The Plaintiff can seek special or general damages as appropriate.
4. The Plaintiff can seek an injunction to restrain an ongoing breach as well.
5. Specific performance can be sought and this is a request to the court to compel the breaching party to fulfil their obligations in the contract and this is often sought where damages alone would not be sufficient to adequately remedy the loss.

What are the Steps to take prior to suing for breach of contract?

Prior to suing for breach of contract, it is advisable to serve a written demand letter on the defaulting party informing them of the manner in which they have defaulted/breached the contract and setting out their obligations that are still outstanding or not satisfactorily performed. The demand letter will further outline any monetary or other loss suffered by the aggrieved party and a demand for payment or performance that should occur within a limited period such as 10 days’ failure to which the aggrieved party will set out their intention to sue the defaulting party without further reference to the defaulting party.

Should the defaulting party to the contract not satisfactorily fulfil the demands in the demand letter, the aggrieved party can then sue in court for the particular breach of contract.

Examples of Breaches of Contract Cases handled at Koya & Co. Advocates?

We handle cases where there has been breach of contract in various types of contracts including the following contracts:

• Supply of goods contracts. These are agreements to buy or sell goods to another party.
• Supply of services contracts. These are contracts to provide a service to another party.
• Construction contracts. These are agreements governing construction projects and may involve various players as contractors, clients and consultants on a construction project.
• Land sale contracts. These are agreements for the sale of land, houses or realty property.
• Lease agreements. These are agreements for the lease of residential, commercial or agricultural property, land or premises.
• Loan Agreements. These are agreements for loaning money for whatever purpose between lender and borrower, whether for business or personal use.
• Joint Venture Agreements. These are agreements where parties collaborate to do a project
• Partnership agreements. These are agreements between partners for instance in a limited liability partnership or a simple partnership.

Duration of Breach of Contract Cases in Court and Factors Affecting the Duration of a Court Case?

In our experience, a case can take anywhere from 7 months to upwards of over 1.5 years depending on factors such as adjournment of the case and the complexity. The duration of such a case in court varies and is entirely dependent on the court calendar and case load and the number of adjournments in the case; and it is hard to predict the precise duration as these are extraneous factors mostly out of any one party’s control.