How To Send A Legal Notice For Breach Of Contract?

Table Of Content

• Can I send a Legal Notice in case of breach of contract?
• What is Legal Notice for breach of contract?
• Who sends a Legal Notice of breach?
• When does a breach of contract happen?
• What are the types of breach of contract?
• What Legal actions can I take if a breach of agreement happens?
• Essential points to be included in the Breach of Agreement Notice?
• How eDrafter help in sending a Legal Notice for Breach of Contract?
• How to reply to a Legal Notice for breach of Agreement?
• What if nothing happens even after sending a Legal Notice?
• Conclusion

Individuals come into an agreement to maintain discipline between themselves and the party they are coming into contract with. Through the contract both the parties pledged not to disclose the terms and conditions to other parties in the case of a Non-disclosure agreement and in a normal agreement they expect the other party would not breach the contract such as in a Rent agreement both parties wanting the other party not to breach the contract. But the parties can send a Legal Notice for breach of contract, that is what we are going to discuss below: 

Can I send a Legal Notice in case of breach of contract?

Surely Yes. When someone breaches the contract then the party who has been wronged has the full right to send a Legal Notice as a Legal action for breach of contract. Since all the contracts and agreements are governed by the Indian Contract Act 1872. Whenever a contract is breached a Legal Notice can be sent to the party at wrong. A Legal Notice is a written warning in which the parties have a chance to settle the dispute between them by compensating for the damages by the opposite party.

What is Legal Notice for breach of contract?

A Legal Notice of breach of contract is sent by one party to the other, notifying them that the other party has broken the agreement by failing to fulfill their end of the bargain. In these situations, it becomes necessary for one party to give the other party a Legal Notice explaining in great detail how the other party has broken the terms of the agreement. When it comes to settling contractual problems, this is the first step. A formal Notice of breach of contract ought to be rigorous, adhering to the conditions specified in the contract and outlining what needs to be included.

This notification also outlines the steps that the party that is in breach of a contract must take to either correct the issue or end the agreement. The payment of damages incurred is another topic covered by this notification. Legal Notices are written in a precise and unambiguous manner. It gives explicit instructions on what has to be done and within what time range to remedy issues. Some Notices, on the other hand, are more generic in nature and serve only as an invitation for the party in violation to talk about the issues brought about by the violation and potential fixes.

Who sends a Legal Notice of breach?

Any party or member of the party can send a Legal Notice for breach of contract under the Civil Procedure Code to the opposite party who came into an agreement with each other. If the opposite party doesn’t acknowledge the Legal Notice for breach of agreement the sending party can in the end file an FIR against the opposite party.

When does a breach of contract happen?

When a party fails to perform his contractual obligations then it is termed as a breach. The harmed party can claim for the damages from the opposite party in terms of monetary or any other way the party wants. The opposite party is liable to put things in the same way as earlier. Avoiding it can actually lead it to Legal action for breach of contract against the party who had breached the Agreement.

Also Read – Legal Notice against Employee

What are the Types of breach of contract?

A contract can be broken in a number of ways. Knowing the distinctions between the various forms of contract violations will enable you to recognize them when they occur. A breach of contract can be classified as actual, significant, anticipatory, or minor. The types of breach of Contract are as follows:

• Anticipatory Breach Of Contract: When one party informs the other that they won’t be able to carry out a contractual commitment, this is known as an anticipatory breach of contract. This frequently provides a chance for both sides to resolve disagreements and draft a new agreement or explore taking Legal action.
• Actual Breach Of Contract: When one party does not carry out an obligation as specified in the contract, there has been an actual breach of the agreement. Actual contract violations can be divided into two categories: minor and significant.
• Material Breach Of Contract: When one party receives something completely different from what was promised in the contract, or less than what was promised in the contract, this is considered a serious violation of the agreement. Failure may result from not having enough time to finish the project or from simply not completing the task according to the plan of work in spite of the time restrictions.
• Minor Breach Of Contract: A partial or immaterial violation of contract is another term for a small breach of contract. This category of contract failures has a direct bearing on the deliverable. The goods or service is delivered to the recipient, but it can be delayed or come with little parts missing. The receiving party must demonstrate that the contract violation caused some sort of monetary loss in order to demand damages.

What Legal actions can I take if a breach of agreement happens?

The remedies for a breach of contract are:

1. Damages: The harmed party can demand compensation for the damages it can be in monetary terms or any other way also.

2. Specific Performances: A court may require specific performance where the subject matter of the agreement is unique or when the non-breaching party cannot be made whole by money. The party who violates the contract must execute in accordance with its provisions, as required by specific performance. Since every piece of real estate is different, specific performance is most frequently observed in real estate cases. Orders for specific performance for service contract violations are precluded by constitutional restrictions against involuntary slavery.

What are the essential points to be included in the Breach of Agreement Notice?

In the draft Legal Notice for breach of contract the essential points are as follows:

• The date of sending the Legal Notice & date relating to the breach should be made clear.
• The case related to breaching the contract should be written in a very elaborated way since the more it is elaborated the more it is beneficial for the sending party.
• After this make sure to let the wronged party know how they settle things up.
• Do not miss any point because it will fire back at you later if the situation heats up and the case goes to court.

How eDrafter help in sending a Legal Notice for Breach of Contract?

You can draft a Legal Notice for breach of contract through our website as well. The steps are mentioned below:

• Visit www.edrafter.in to sign up for our Legal Notice service from the menu section.
• You will be contacted by our advocate to discuss the writing of a Legal Notice.
• Provide the Advocate with all important information without missing any details.
• Your registered email address will receive a draft of the Notice from our advocate for approval.
• Examine the Legal Notice to identify any errors that should be fixed.
• You can email the Legal Notice to the party at wrong and continue with the process once the necessary modifications have been completed! 

Before sending a legal notice you should be aware of types of legal notice in India & the difference between legal notice Vs Court Notice.

How to reply to a Legal Notice for breach of Agreement?

The reply is sent in the same way the Legal Notice is sent to the party at wrong. The procedure is also the same apart from the content in the Legal Notice. So if you are replying to a breach of contract Legal Notice then the Legal Notice format for breach of contract is as follows:

1. The reply should also be given on an advocate’s letterhead, The name, address, and subject of the sender.
2. Then comes the main body where the whole case should be written in detail. From the start to the very end, everything should be mentioned from the parties’ point of view who is at fault because if the allegations are wrong then the party can clear it out.
3. Then is the conclusion of the reply to Legal Notice for breach of contract and about the settlement if you have any objections that too has to be mentioned at the end. And if there’s any kind of clause that you want the sending party should know that too can be mentioned in the Legal Notice.

What if nothing happens even after sending a Legal Notice?

If the person who received the Legal Notice for breach of Contract is required to respond to it within a certain amount of time, and if the reply is not sent, the opposing party may file a lawsuit in court, an order requiring the respondent to appear in court will be sent by the party filing the lawsuit.

Conclusion

When two people in a contract suppose in a Non Disclosure Agreement then both parties are trusting each other with the confidential information which they share. The party breaching the contract hence has to face the consequences also. So don’t wait and sleek around, words spread more speedly than a wildfire. Get your Legal Notice for Breach of Contract from us today!