How Do You Write Breach Of Contract Notice ?
- leadindia831
- Sep 16, 2023
- 3 min read
Breach of contract
According to the Indian Contract Act, 1872 an agreement will become a contract only if it could be enforceable by law. A contract is a legal obligation which is imposed upon the parties who have signed the contract. As per the Merriam Webster’s Dictionary, a breach of contract would be when there is an infraction or some violation of the law.
In case any of the parties deviates or violates the terms of the contract, then the other party will have the right to initiate legal action. Before taking the legal action, the aggrieved party would have to inform the other party of the grievance suffered and if they could sort it out amongst themselves or would start legal proceedings. The medium through which such information is passed is the legal notice for breach of contract.
Laws related to Notice for the Breach of Contract
If one could send a legal notice without a Lawyer? As per the Indian Law, each Contract or agreement between the parties is governed under the Indian Contract Act of 1872. Hence, for in case of a Breach of trust or contract, the aggrieved party would have to send a legal notice to the violator according to the provisions of the Civil Procedure Code.
Types of Breach of Contract
There may be a number of Breach which could take place during a contract. Some of these breaches have been discussed hereunder-
Partial Breach
Also known as a Minor Breach, partial breach could be understood as less severe than a complete breach. It shall provide the aggrieved party with the right to sue for damages. However, the catch here is that the aggrieved would not usually wish to terminate the contract entirely.
Complete Breach
Material Breach or Complete Breach would be the severe violation of the contract. When committed, the consequences of this breach would be severe. It may lead to the termination of the Contract and legal action would be taken against the party violating the Contract.
For a Complete Breach of the contract, two elements would be required:
The breach would lead to an immediate action against the party violating the terms of the contract.
In case of a Complete Breach, the aggrieved party could be excused from performing the contract.
Anticipatory Breach
When one party deviates from his or her agreed-upon duties in the Contract, then the intent of the Contract subsumes, and the other parties suffer from it. Therefore, such parties can call for the immediate termination of the Contract or drop the violator from the Contract. Such kind of Breach is termed an anticipatory breach. This kind gives the innocent party right to terminate the Contract and sue the violator for the damages. But the innocent party(s) can also wait for the performance from the defaulter.
Contents of Legal Notice
A Legal Notice for the Breach of Contract would include the following:
Involved Parties
The Notice would include the name and details of all the parties to the contract.
Date of Effectiveness
The date on which the agreement was breached must be mentioned in the notice as well.
Clauses of Breach of Contract
The Notice would have to include an explanation as to how the contract was breached. The specific breached clause(s) and condition(s) are required to be mentioned.
Remedies in the case of Breach of Contract
The Notice has to explain the consequences of committing a Breach as well as available remedies for said Breach, as has been described in the Contract.
Purpose of Drafting a Legal Notice
A legal notice has to convey the desired cause of action. Also, it must mention the remedial action which the violator could take in order to alleviate the effects of the Breach.
Conclusion
Contracts or agreements are at the centre of the business world. Companies, businesses whether small or large, even a common man do sign contracts when dealing with another party. It is thus necessary to understand the importance of a notice as well as how to draft it.
As a legal notice is first step towards initiating a court case, a legal notice could be sent for disputes other than a business matter, such as Legal Notice For Divorce, Legal Notice For Cheque Bounce, Legal Notice For Defamation, etc. therefore it is important that you seek legal assistance when sending a legal notice or in case you have received a notice, it is important that you appoint an experienced advocate to send a proper reply.
Lead India offers you a team of experienced advocates who could assist you with sending legal notice or its replies. Therefore, in case you wish to talk to a lawyer or seek free legal advice, you may contact us.
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