Breach of Contract

A breach of contract is when a binding agreement or promise is not honoured by one or more of the parties.

Breach of contract disputes can arise for a number of reasons and be complex. Most of the time a breach of contract occurs due to over promising and/or under delivering.

What is a contract

A contract is a legally binding agreement between two or more people over the age of eighteen years. A contract consists of an offer being made, a period of consideration and an acceptance of the offer. This can be set out in writing or it can be verbally or lawfully implied.

Contracts are particularly useful for a costly service or product, as it ensures an agreed level of service or an expectation of the product. Depending on the type of contract and financial implications you may wish to seek legal advice before signing.

What is considered a breach of contract?

A breach of contract arises when the service or product fails to meet or mirror the promises set out in the contract. This includes breaking the terms and conditions of the contract or beaching the Supply of Goods and Services Act 1982.

Can I issue court proceeding breach of contract?

Yes, however issuing court proceeding is not always the best cause of action. Attwells will always recommend you try to reach a win- win compromise first. If this approach does not work our disputes expert Edward Powell will be happy to assist you. Attwells offer a free initial chat, during this time we will ask you for a brief outline of your complaint.

Before attending your first appointment with Edward we’d also recommend you bring the following:

  • A copy of your contract, if written
  • Any emails, text messages or letters received concerning the matter
  • Proof or evidence of any money lost, such as loss of earnings or a deposit paid

Having these documents will save you time and money. If you would like to arrange an appointment with Edward you can call his Colchester office number on 01206 239755 or email

For more information on business, commercial or personal disputes please click on the links within this page or review the main menu.