breach of contract

Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract.

The following items are tagged breach of contract.

What to Do Before the Deal Breaks Down

Posted by & filed under Dealmaking.

Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a delinquent debtor when the prospect of future business with the debtor is likely. Bondholders of the same debtor, on the other hand, will generally be more resistant to renegotiation, as they tend to lack opportunities for a profitable future business relationship.

Penguin Sues Its Own Writers: When Business Negotiations Become Bad PR

Posted by & filed under Conflict Resolution.

In this business world, it’s typically smart practice to keep disputes with key partners private, at least until doing so becomes unfeasible for financial or other reasons. That’s why the book publisher Penguin’s decision to file lawsuits against 12 of its authors for breach of contract is being widely judged as a public relations misstep.

After the deal breaks down

Posted by & filed under Daily, International Negotiation.

Adapted from “Redoing the Deal,” by Jeswald W. Salacuse (professor, Fletcher School of Law and Diplomacy, Tufts University), first published in the Negotiation newsletter, August 2005.

If you’re like many professionals in these uncertain times, you are probably spending as much time redoing old deals as you are negotiating new ones. Here are four suggestions on

How to Avoid a Do-Over

Posted by & filed under Business Negotiations.

Remember that big sales contract you negotiated last fall, the one that got you a fat year-end bonus? Well, your manufacturing department has just told you that delivery will be two months late. So now it’s your job to persuade your customer to accept a new date without canceling the deal. And that’s not all. That long-term supply contract you worked so hard on a year ago? The supplier is asking for a meeting to revise the pricing due to its increased energy costs.

Business Negotiation Skills: Negotiate Before the Damage is Done

Posted by & filed under Business Negotiations.

Suppose you work for a specialty bicycle manufacturer and have negotiated a one-year contract to buy 500 headlamps per month from a supplier for $10 each, with payment due 30 days after receipt. The seller makes five deliveries; you promptly pay $5,000 after each shipment. The seller fails to make the sixth delivery, however, and announces it will not be able to make any of the remaining shipments because of a production glitch that has made the headlamps extremely expensive to produce. What recourse do you have?

The 9/11 Victim Compensation Fund: Private Pain and Public Compensation

Posted by & filed under Events, Webcasts.

Click here to watch the webcast of this event.
RealPlayer Recommended (download here)

Speaker:
Kenneth R. Feinberg, Esq.

Mr. Feinberg will discuss his experience administering the federal 9/11 Victim Compensation Fund and how well the Fund functioned as a statutory alternative to the traditional civil justice system. Mr. Feinberg will emphasize why Congress enacted such a statute, delegating to