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Breach of Contract Law

What is a breach of contract?

Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. Read below where Experts have provided answers and insight relating to breach of contract.

Can someone sue their employer over a breach of contract, because the manger that took over ignored the prior contract?

In some cases, it would be possible for a claim for breach of contract because the company guaranteed the contract from the previous manager. This agreement should still be valid, and they could be owed because of the contract. Lawyers on JustAnswer has many years of experience on employment laws, contact an Expert today to see where your case stands when going to trail facing a breach of contract.

If someone is filing a breach of contract against their employer, how long does it take to serve the employer, who serves the summons and how long does them employer have to respond to the summons?

It normally will take only a couple days to serve the employer, since the person that serves the summons will not need to track them down; it just really depends on how quick they can do it. They could hire a private process server, or talk to the Clerk of Court to see if the police department can serve the summons. Once the employer is served, they will have thirty day to file an answer. If the 30th day lands on either a weekend or holiday, then they will have until the next business day.

Is someone financial liable if an attorney withdraws or breaches the contract?

If the attorney withdraws from their contract with the other person, the attorney should not put lien on the file or look to recover the fees. They could consider sending the attorney a letter reminding them of that or have a new attorney write the letter.

If an employee contract was oral can someone sue for breach of contract?

In many cases verbal agreements are not enforceable. A verbal contract is just between that person and the employer, there is no way to prove what was stated on that verbal contract unless it is put upon paper to go back on.

In the state of Georgia is it a breach of contract if someone was hired for one position, but ended up working another position, and the position they got hired for the employer hired someone else for it?

In most cases this does not constitute a breach of contract unless they had an employment agreement in writing stating their employment and job description. In some states recognize an oral contract, and recognizes a breach of contract due to an oral contact, Georgia is not one of these states. So in this case the state will not see that the employer has breached their contract to the employee.

Many times when an employer and an employee make a written contract, and many times the employer may go back on their contract and not fulfill what they said they would do, that would be considered a breach of contract. Contact an Expert if you feel your employer has breached their contract, and see as the employee what their rights are.
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Recent Breach of Contract Questions

  • Hello, I have a question regarding a possible breach of contract.

    Hello, I have a question regarding a possible breach of contract. If I sign a contract to teach English overseas (in Taiwan) and agree to start on a specific date and find myself unable to do so, what are the consequences? Would a school in another country such as Taiwan be able to sue me here in the United States? How would they go about doing that?
  • I recently went from a full time employee to per diem employee

    I recently went from a full time employee to per diem employee from a job in the state of Fl. I gave appropriate written notice but was told I don't get my benefits (vacation) paid out. I was told that they don't pay out vacation hours but if I chose to return to full time status within 1 yr my vacation hours will resume and continue to accumulate. I asked if It was due to me switching from full time to per diem and if I resigned outright would I get paid my vacation time they said no. I looked at my employee handbook as of July 2008 It states except as otherwise required by state law, if a non-exempt employee has available but unused pto and has completed more than 1 yr of service he or she will be paid for such time. This was in our employee handbook when I joined Feb 2012 and I haven't been able to find an amended policy.
  • At an office sponsored party at a public nightclub. An employee

    At an office sponsored party at a public nightclub. An employee gets very drunk and tells sexual jokes etc. The said employee has never done this before and the event is after working hours , in a bar where the alcohol is freely poured and the tab is paid for by the firm . Attendance is not mandatory for employees and the atmosphere is one of a "happy hour"
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