Practice Areas Business Litigation Attorneys Breach of Contract Claims

Our Breach of Contract Attorneys Serving Businesses of All Sizes Throughout Montana and Wyoming

Contracts are an integral part of doing business. Such agreements govern actions, sales, and business relationships. A breach of contract occurs when a promise to adhere to an agreement (a contract) is broken. If a contract has been breached to your detriment, you should contact a Wyoming or Montana breach of contract lawyer to discuss your options. Ragain & Clark  is equipped to handle your claim at any stage, from straightforward resolutions to complex trials. 

Contact Creation Guidelines

To pursue a breach of contract, there needs to be an actual contract in existence in the first place. The elements of a contract are:

1. Offer - a party will make a commitment to one or more parties to act in a specific manner or refrain from taking a certain action. 
2. Acceptance - the non-offering parties agree to the terms of the offer.
3. Consideration - a benefit or something of value is exchanged between the parties making and accepting the offer.
4. Mutual assent - the parties must have intended to create a contract by entering into the agreement.

If these elements are present, a contract is created and the parties are bound to adhere to the agreement. Violating the contract terms can result in serious damages for the wronged party, and contract law is in place to provide recovery for those who have been harmed. 

A Breach of Contract Lawyer Can Assist With Gathering Proof

After proving the existence of a contract, an attorney will need to show that there was a failure of a party to perform according to the contract and that another party was harmed by this breach. Not only will you need a Montana breach of contract lawyer to prove the elements of the contract and demonstrate how the breaching party violated the agreed-upon terms, but he or she will need to prove to what extent this violation caused harm to the non-breaching party. Ragain & Clark can help you present evidence to demonstrate all of this and will fight for the remedies you deserve.

Pathways and Remedies for a Breach of Contract

There are a number of ways to resolve a breach of contact. A Wyoming breach of contract lawyer can help by presenting an analysis of each available option and pursuing a course of action that’s beneficial to you. Some paths to resolution are negotiation, mediation, arbitration, and litigation. 

During negotiation meetings, the parties or their business attorneys can discuss options for remedying the breach or reaching a settlement. Your attorney will ensure you understand the implications of proposed resolutions and settlements and how those options affect your contractual rights.

Mediation is a process in which parties discuss remedies with a neutral third party with the intent of reaching a resolution to their conflict. A Montana breach of contract lawyer can explain the proposed remedies so you can make an informed decision. 

Arbitration is a formal procedure where an arbitrator will hear the facts and review the evidence surrounding the contract and breach and render a decision. Certain rules and procedures must be adhered to during arbitration proceedings, and you will benefit from working with an experienced breach of contract lawyer during this process. 

Litigation generally occurs when other attempts at resolving a contract dispute have been unsuccessful. You certainly do not want to be heading to trial without the help of a business litigation lawyer. Ragain & Clark has 40 years of trial experience and zealously represents clients in all matters.

The following are examples of remedies the wronged party can pursue a contract breach: 

• Compensatory damages, which provide compensation for the breach
• Liquidated damages, which are specified in the contract and are an estimate as to damages should there be a breach
• Specific performance, which means the breaching party is required to do what was agreed upon in the contract
• An injunction, which is meant to prevent one party from taking action in violation of the contract
• Voiding the contract, which releases the wronged party from further obligation 
• Attorneys fees, which the wronged party typically has to pay their breach of contract lawyer for working on the case.

Consult With a Breach of Contract Lawyer in Montana or Wyoming

You do not need to fight a contract dispute alone. Contact Ragain & Clark to schedule your consultation with a Montana or Wyoming breach of contract lawyer to discuss your case today. Contact us online or call 406-651-8888. We serve clients in Montana and throughout Wyoming.