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Breach of contract

Region: Ontario Answer Number: 488

Under the law, a violation of a contract is called a “breach,” and it means that one of the parties did something they should not have done, or failed to do something they were required to do, under the terms of the agreement. A breach of contract or agreement can be grounds for a civil lawsuit, regardless of whether the contract was oral or written. There are three important considerations that you should think about before starting a lawsuit for breach of contract.

First, you must be certain that a contract was made. Contracts can be made in any number of situations, ranging from a simple agreement with your plumber to a complex business transaction. A written contract will be easier to prove than an oral contract.

Second, you must be able to prove that the other party breached an important term of the contract. For example, breach of a simple agreement could arise with a company paving your driveway if the work was not done, or if it was not completed satisfactorily.

Third, you must be able to show that you suffered a loss because of the breach, such as the cost of completing the job or repairing the faulty workmanship.

If your claim is for $25,000 or less, you can go to Small Claims Court.

For legal advice and assistance in starting a lawsuit for breach of contract, you should consult a lawyer.


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