Breach of Contract Attorneys in Indianapolis, Indiana

A breach of contract occurs when one party fails to fulfill their obligations as specified in a legally binding agreement. This can lead to significant financial losses, business disruptions, and strained relationships.  

At Smid & Merchant, we understand the importance of addressing these issues promptly and effectively. Whether you're dealing with a broken promise, missed deadline, or failure to deliver goods or services, we strive to help you seek compensation. 

Our experienced business litigation attorneys provide top-tier legal assistance tailored to your needs. Based in Indiana, we serve clients throughout Indianapolis, Fishers, Carmel, Noblesville, and Zionsville. Contact us today to schedule a consultation.

Types of Breach of Contract

Several types of breaches can occur, each with its own implications and potential remedies. Here are some common examples: 

• Material breach: A material breach is a significant failure to perform under the contract, substantially affecting the agreement's core purpose. This type of breach often warrants legal action to seek damages or enforce performance. 

• Minor breach: A minor breach, also known as a partial breach, occurs when one party fails to meet some aspects of the contract but still delivers on the central elements. While less severe, it may still entitle the affected party to recover damages. 

• Anticipatory breach: An anticipatory breach happens when one party indicates, in advance, that they will not fulfill their contractual obligations. This allows the non-breaching party to take immediate legal action without waiting for the breach to occur. 

• Actual breach: An actual breach occurs when one party outright fails to perform their duties as specified in the contract. This can include non-payment, non-delivery, or failure to meet agreed-upon standards. 

• Fundamental breach: A fundamental breach is a severe violation that affects the very foundation of the contract, rendering the entire agreement worthless. It is similar to a material breach but usually involves a critical part of the contract being broken, allowing the non-breaching party to terminate the contract and seek substantial damages. 

• Mutual mistake: A mutual mistake occurs when both parties to a contract misunderstand a fundamental fact at the time of entering the agreement. This type of breach may render the contract voidable as it can defeat the agreement's purpose, allowing both parties to rescind the contract and return to their pre-contract position.

• Breach due to impossibility: This breach occurs when unforeseen events make the performance of the contract impossible through no fault of either party. Examples include natural disasters or new legal prohibitions that prevent the fulfillment of contractual obligations. In these cases, the contract may be discharged, and neither party can be held liable for non-performance. 

Indiana Laws Governing Breach of Contract

In Indiana, breach of contract is governed by state statutes and common law principles. Under Indiana law, a breach of contract claim must demonstrate the following elements: 

• Existence of a valid contract: A legally binding agreement must exist between the contracting parties. 

• Breach of contract: One party must have failed to perform their contractual obligations. 

• Damages: The non-breaching party must have suffered losses or damages due to the breach of contract.

• Causation: There must be a direct causal link between the breach of contract and the damages incurred. The non-breaching party must demonstrate that the breach was the proximate cause of their losses. 

• Notification: The non-breaching party is often required to notify the breaching party of the breach and provide an opportunity to cure the defect, depending on the terms specified within the contract. This step is sometimes critical to preserve the right to seek legal remedies. 

Indiana courts may award various remedies for breach of contract, including compensatory damages, specific performance, and restitution. The specific remedy will depend on the nature and severity of the breach. 

How Our Firm Can Help

Smid & Merchant focuses on understanding the circumstances and objectives of our clients. Our goal is to provide strategic and effective legal solutions that protect your interests and support your business goals. Some of the ways our firm can help include: 

• Personalized attention: We take the time to listen to your concerns, analyze your situation, and develop a tailored legal strategy. 

• Proven track record: Our attorneys have a history of successfully resolving breach of contract disputes, both in and out of court. 

• Comprehensive support: From initial consultation to final resolution, we guide you through every stage of the legal process. 

• Negotiation skills: We strive to resolve disputes amicably whenever possible, using our robust negotiation skills to achieve favorable settlements without prolonged litigation. 

• Thorough case preparation: Our team meticulously prepares each case, gathering detailed evidence and crafting compelling arguments to support your position in court.

• Access to resources: We leverage our extensive network of experts and resources to help strengthen your case, making sure you have access to comprehensive legal support.