Starting a breach of contract claim—a practical guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Starting a breach of contract claim—a practical guide
  • Scope of this Practice Note
  • Is there a viable contract claim?
  • Is there a validly enforceable agreement?
  • What were the terms of the agreement? What do they mean?
  • Has there been a breach of the obligations under the agreement?
  • What remedies are available—what is the loss?
  • Contractual damages
  • Other remedies in contract
  • Terminating the agreement
  • More...

Starting a breach of contract claim—a practical guide

Scope of this Practice Note

This Practice Note on contract breach claims provides practical guidance and tips when bringing a claim for breach of contract. It covers immediate considerations from identifying the breach, the loss and remedy sought, including causation, quantum and duties to mitigate, limitation and issuing and pleading the claim, evidential issues including disclosure and use of experts, as well as practical matters such as pre-action obligations and alternative dispute resolution.

Contractual breach claims cover a whole host of disputes which have at their essence a contractual relationship between the parties, whether such relationship arises out of a written agreement or one concluded orally or by conduct. The dispute may arise, for example, out of:

  1. an alleged failure to perform in accordance with the contractual terms—this may be as apparently straight forward as non-delivery of goods and/or (which may involve) a disagreement as to whether the goods or services as provided constitute performance as required under the contract

  2. an alleged wrongful termination or purported termination of the agreement—this may involve a dispute as to the grounds giving rise to the alleged right to terminate and/or the mechanics of terminating the agreement (for example, a dispute as to service of a notice of termination)

  3. an attempt to vary or assign the obligations under the agreement—for example, this may

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