Breach of contract is one of the most common causes actions in commercial lawsuits. In Louisiana, the majority of contracts, whether oral or written, between two parties end when the parties fulfill their obligations under the contract. However, it is not uncommon for one side to fail to fully fulfill his or her part of the agreement.
When an obligor of the contract fails to perform as promised without a legitimate legal excuse, he breaches the contract. Examples of such breach may include, but are not limited to, failing to perform pursuant to the contractual terms, defective performance, delayed performance, not paying for services rendered, being late without excuse, and any act which shows a party will not complete the work as obligated.
As a result, the aggrieved party may have a number of remedies as a result of this breach. Because an obligor is generally liable for damages when he or she fails to perform, an aggrieved party may seek monetary damages as a result of the obligor’s breach. In addition, Louisiana law allows the aggrieved party two mutually exclusive remedies: (1) an action seeking specific performance, i.e., requesting that the contract be enforced and (2) an action seeking to dissolve the contract.
An action for breach of contract in Louisiana can be a complicated matter. Should you believe that you or the other party to a contract may have committed a breach of the agreement, you need to understand your rights and responsibilities under Louisiana law. Seek professional help from an attorney experienced in handling Louisiana breach of contract matters.
If you would like to consult with an experienced, New Orleans business attorney, you can contact HH&K by filling out our free, no obligation case review form located on this website or calling 844-943-7626 for a free case review.