Breach of contract

Kinds of breach

• Material breach: goes to the heart of the deal, like never delivering. The other side can usually stop performing and claim damages.
• Minor breach: a smaller miss, like a few days' delay. The other side keeps performing but can claim its loss.
• Anticipatory breach: before the due date, a party says or makes clear that it won't perform.

Remedies

The usual remedy is money damages that put the injured party where it would have been. A contract can set liquidated damages in advance, like a daily amount for late completion, if the figure is a reasonable estimate rather than a penalty. Courts can also order specific performance, mostly for unique things like land, or undo the contract. Many contracts require written notice and a chance to fix the problem first.

Proof starts with the contract

In a dispute, the first questions are what was agreed and who agreed to it. A SignMaster envelope leaves you the signed PDF, a certificate of completion with each signer's email, time and IP address, and an audit trail of every step.