Contract Disputes

Business transactions in Ontario almost always require buyers and sellers of products and services to form express (written) or implied (verbal) contracts to memorialize the promises made between parties.

Valid contracts are therefore binding agreements with clear language that affirm price, performance and delivery of subject matter—important terms that parties must know for making sure they complete business dealings as expected.

Contract disputes arise when parties draft weak written agreements or when there is a complete or partially breach of the agreements by a party not performing as promised.

Businesses and individuals often experience financial harm from contract disputes that stem from:

Non-Payment of Products/Services
Delays in Payment or Delivery
Misleading Term Language 
Faulty Workmanship Performance
Misrepresentation 
Wrongful Assignment of Duties

The Law Office of Robert McNeillie specializes in advocating and resolving contract dispute issues for individuals and businesses

Contract disputes often occur when parties draft unclear, invalid or unworkable written agreements that are subject to multiple interpretations. Businesses and individuals for this reason seek out lawyers to frame complex and comprehensive agreements that clearly define the rights and obligations of parties with tailored language to meet their specific needs.

Our lawyers consult with clients and shape their agreement needs using the underlying principles of contract law to develop binding agreements with clear language and concise language. We assist businesses of all sizes with contract drafting, review, and negotiation.

 

Call us today for a consultation to discuss your contract drafting concerns.

A breach of contract occurs when one or more parties fail to perform as promised according to the terms of the agreement.

Misrepresentation and failure to perform claims are two common breach of contract disputes that our law firm regularly litigate in Toronto.

Misrepresentation: The law holds that parties must enter into contracts with clean hands; a contract’s success therefore largely depends on honest, diligent and good faith dealings by those who negotiate agreements.

Misrepresentation claims in contract disputes occur when one or more individuals make false statements that induce harmed parties into entering an agreement.

The remedy for misrepresentation often demands rescission of the contract and/or damages. However, it must first be determined whether misrepresentations were fraudulent, negligent, or innocent:

Fraudulent Misrepresentation occurs when individuals knowingly and intentionally make untrue statements of fact for inducement—remedy is rescission AND damages.

Negligent Misrepresentation occurs when individuals carelessly make untrue statements of fact for inducement—remedy is rescission AND damages.

Innocent Misrepresentation occurs when individuals make untrue statements of fact for inducement but honestly believe their statements are true—remedy is rescission OR damages – but not both.

Failure to Perform: Parties are legally obligated to perform as promised when they enter into binding contracts.

Non-performance is a failure to fulfil one’s promises in an agreement when they become due. Non-performance is therefore a breach of contract and can arise before performance starts (anticipatory breach) or while the contract is in session (actual breach).

Some non-performance breaches are more serious than others; the law therefore defines these contract infringements as follows:

Material Breaches are total infringements that attack the heart of the contract; they render the contract “irreparably broken,” and they allow for non-breaching parties to sue for damages and terminate their duties to perform under the agreement.

Minor Breaches are immaterial-trivial violations that render contracts still valid. Immaterial breaches therefore do not end the contract; harmed parties may sue for damages but must perform their duties under the agreement as promised.

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