Courts in many jurisdictions work hard to prevent parties from turning any breach of contract, no matter how egregious, into a tort action. Plaintiffs often want to add tort claims because they may be able to claim additional damages that would not be available in a non-contractual vanilla situation. In addition, a tort action may result in the plaintiff receiving exemplary or punitive damages or a multiple of damages, as well as attorneys` fees. Whether there is a breach of contract depends on a number of complex legal and factual issues, and each case is different. If you or your company have contractual issues and would like to speak to an experienced contract attorney, please contact Bob Byrne at byrne@martinwrenlaw.com or 434-817-3100. Inconsistencies in the terms of the contract may result in a breach of contract. It is important to create a contract that accurately lists all the expected conditions and consequences. In addition, all parties must be fully aware of the contract they are signing. The State of Virginia requires that in order to prove liability, the plaintiff must prove that the other party failed to comply with the terms of the contract. It is also important to understand the implied standard of good faith. A standard of good faith may be used to determine that there has been a breach of contract. Both parties also have the option of asking a Virginia civil court to review the dispute and make decisions about what the contract requires, whether there has been a material breach, and whether damages have occurred. However, the courts may order only remedies provided for by Commonwealth law.
For example, the code goes § 59.1-508.11 allows applicants to request a particular service only if the agreement provides for this remedy, if the contract was for a single purpose or if the court deems it appropriate. Instead, the courts prefer to award financial damages. If you`re facing allegations of infringement, or if another party has failed to comply with the terms of a contract, a contract litigation attorney in Virginia may be able to help. An accomplished lawyer could represent your interests in settlement talks or even in court if necessary. Contact an experienced legal team today to make an appointment. Augusta focused on whether there was a fraud claim when an insurance agent allegedly made false statements in a potential insurance report to convince the owner`s insurance company to insure the home. The court dismissed the fraud action because the insurance company “failed to establish a breach of an obligation arising from a source other than its contractual relationship.” Id. at p. 294. The Court relied on its earlier decision in Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc., 507 p.e.2d 344, 256 va.
553 (1998), www.courts.state.va.us/opinions/opnscvwp/1980081.doc in which it concluded that even the false statements of a construction company that it had performed certain work in instalments to obtain payments did not give rise to a claim for an infringement. However, a different result may occur if the infringing party has fraudulently induced the other party to enter into the contract. This is because “the intention of the promising – his state of mind – is a fact. If he makes the promise and intends not to keep it, his promise is a misrepresentation of the current facts, and if it is made to get the promiser to act to his detriment, it can be prosecuted as a real fraud. “Id., citing Colonial Ford Truck Sales, Inc.c. Schneider, 228 Va. 671, 325 P.E.2d 91 (1985) (link not available). In some cases, courts have concluded that a party`s breach immediately after signing the contract indicates the party`s intention never to perform the contract.
See Flip Mortgage Corp.c. McElhone, 841 F.2d 531 (4th Cir. 1988) (link not available). Even if a contract is in writing, the evidence of a breach of it is not always clear. If the contract is oral, the existence of the contract and its terms may be even more difficult to establish in an action for breach. There can be many disputes in a breach of contract action, such as: even if a breach occurs, the defendant may rely on a number of defenses in a breach claim to justify or excuse the breach. Among other things, the plaintiff may, for example, have committed the first material breach of contract, the plaintiff may have acted with “impure hands”, the plaintiff may have waived any breach that has occurred, the parties may have drafted the contract by virtue of a mutual error, the plaintiff may have committed fraud in the instigation, or the plaintiff could have exploited his special confidential relationship with the defendant at the time of the conclusion of the contract and thus relied on the Having invoked grounds of coercion, lack of scruples or undue influence […].