Lawsuit Advances & Pre-Settlement Funding

Breach of Contract

Breach of contract involves a binding agreement that is not honored by one of the parties in the contract and generally falls into four categories. There are minor breaches which are those involving partial completion of terms of a contract in which the non-breaching party can only sue for actual damages. Material breaches are failures to perform that permit the non-breaching party to compel performance or collect damages based upon the breach. A fundamental breach is one that is so necessary to completion of the contract that it allows the non-breaching party to terminate the contract and to sue for damages in civil court. An anticipatory breach is a strong unequivocal indication that one party of the contract will not perform as expected or when due or a situation arises that makes future non-performance a virtual certainty. In this situation, the non- breaching party can terminate the contract and sue for damages without waiting for an actual breach to happen

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