Breach of Contract
I wish to be cremated. One tenth of my ashes shall be given to my agent, as written in our contract.
-Groucho Marx
You sign an agreement; you make a contract, you live up to it. You never get what you deserve. You get what you negotiate. You got a right to say yay or nay.
-Don King
Contracts make promises real. However, some individuals would prefer to breach their contract instead of honor it. One’s word is sometimes no longer one’s bond.
A breach of contract is one of the most typical claims in civil law. Of course, when one considers filing a breach of contract claim, an offer, an acceptance, and consideration must exist. These are the standard elements of a contract. Consideration is a legal term of art for some monetary or non-monetary action. For example, if I offer to clean your house and you accept but we do not agree to an amount of money for my services, we do not have a contract. Before you think of exceptions to this situation, remember that indentured servitude was outlawed under the 13th Amendment of the US Constitution.
Breach of contract claims typically happen with businesses. It can be more than frustrating when one party performs pursuant to a contractual agreement and then the other party does not.
Under C.R.S. §§ 13-80-101 and 13-80-102, the statute of limitations for breach of contract can be between 2-3 years, depending on the type of contract and claim at issue. Therefore, the window is relatively small to act on a breach of contract claim. Don’t delay. Call us today for a free consultation. It doesn’t hurt to know your rights and to be empowered.
Every breach of contract case turns on the facts and the situations of the parties. Additionally, other claims may exist beyond only a breach of contract claim. Dealing with a party who is not keeping their word can be frustrating and difficult.