Contractual breach and remedies

This subtopic provides an overview of contractual breach and remedies. It outlines the general legal principles relating to contract law generally and provides practical guidance on how to identify a breach of contract, and where necessary, the steps required and factors to consider when bringing a breach of contract claim before the Irish courts.

Contractual 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)