Can I sue my business partner if he breaches the contract?
January 5, 2022 | 70,00 EUR | answered by Renate Germer
Dear attorney specializing in business law,
I am contacting you with a question regarding a potential breach of contract by my business partner. Some time ago, I entered into a contract with Mr. Müller for the delivery of goods. This contract includes clear agreements regarding the quantity, quality, and delivery deadlines of the goods. Unfortunately, my business partner has repeatedly failed to adhere to these agreements in recent times. The delivered goods do not meet the agreed-upon quality standards, and the delivery deadlines are regularly not met.
This situation is causing me great concern, as I am experiencing financial losses due to my business partner's breach of contract, and my business success is at risk as a result. I have already tried to address the issue with my business partner, but without success. Therefore, I am considering taking legal action against him.
My question to you is: Can I sue my business partner if he breaches the contract? What legal options do I have to enforce my rights and claim damages? What steps should I take next to protect my interests and sanction my business partner's breach of contract?
I thank you in advance for your support and advice on this matter.
Sincerely,
Emma Höfer
Dear Ms. Höfer,
Thank you for your inquiry regarding a potential breach of contract by your business partner, Mr. Müller. I am sorry to hear that you are facing difficulties in enforcing the contract and experiencing financial losses as a result. In such a situation, it is important to be aware of the legal options available to enforce your rights and claim damages.
First and foremost, it should be noted that you can indeed sue your business partner, Mr. Müller, if he breaches the contract. A breach of contract occurs when one party fails to fulfill their contractual obligations. In your case, it appears that Mr. Müller may be failing to adhere to the agreements regarding the delivery of goods, which could constitute a breach of contract.
To enforce your rights and claim damages, you have various legal options available to you. Firstly, you should check if the contract contains clauses regarding breach of contract and claims for damages. These clauses can provide guidance on how to proceed in your specific case.
If the contract does not contain specific provisions regarding breach of contract and damages, you can rely on the general provisions of the Civil Code (BGB). According to § 280 BGB, the contracting party that breaches their obligations is required to compensate the other party for any resulting damages.
In your case, you could therefore claim damages from Mr. Müller to compensate for the financial losses incurred as a result of the breach of contract. It is advisable to seek advice from an experienced lawyer specializing in commercial law to effectively enforce your claims.
As a next step, I recommend that you send an extrajudicial letter to Mr. Müller, requesting him to fulfill the contract and pay damages. If Mr. Müller does not respond to this, you may consider filing a lawsuit in court to enforce your rights.
I hope this information is helpful to you and I am available to answer any further questions you may have.
Kind regards,
Renate Germer, Lawyer specializing in commercial law
