Signs that “specific performance” won’t be the best resolution to a breach of contract case

| Jun 4, 2021 | Business Litigation |

A breach of contract could leave your company scrambling to find services, a new supplier or other crucial resources for its operations. If the party that violated the contract doesn’t quickly take steps to make things right, you may eventually decide to file a lawsuit against them.

Under Mississippi law, those pursuing a breach of contract claim against another individual or business  can ask for financial damages, the nullification of future contractual obligations or even specific performance. Specific performance involves a court order to fulfill contractual obligations, and that isn’t always the best solution.

You may have already addressed what was lacking

Whether you found another company that could provide you with crucial materials for your manufacturing process or you connected with another professional capable of providing important services, it’s possible that your company will have already taken the necessary steps to correct the practical implications of the breach of contract.

Your company has had to change focus because of the breach

Sometimes, a breach of contract can have such a significant effect on a business that it has to shift its operations. If your company has already had to make changes to how it functions because of a breach of contract, specific performance might not be that beneficial anymore.

The breach has permanently diminished your faith in the other party

To accept materials or services provided by an individual or business, you have to trust in the quality of what you will receive. If the breach has caused discord between you and the other party, they could pass along substandard materials or do a poor job if forced to perform services for you by a court ruling.

Knowing your options in a breach of contract case will make it easier for you to work toward the solution that is best for your company.