What legal steps need to be taken in case of a breach of contract by the contracting party?
September 2, 2022 | 40,00 EUR | answered by Nina Koch
Dear Sir or Madam,
I am writing to you regarding a breach of contract that I recently experienced with my contracting partner. My name is Gertrud Wunderlich and three months ago I entered into a contract for the delivery of goods with a company. After making an initial payment, my contracting partner repeatedly postponed the delivery date and ultimately ceased the delivery altogether. Despite my multiple inquiries and reminders, I have not yet received a satisfactory explanation or solution.
This breach of contract has caused me significant inconvenience and financial losses. I am concerned about the best course of action to take in this situation and what legal steps I can take to protect my interests and possibly receive compensation.
What options do I have as a contracting partner to address this breach of contract? What legal actions can be taken to compel the contracting partner to fulfill their contractual obligations or to receive compensation? How can I effectively enforce my rights in this case and what costs may be involved?
I would greatly appreciate it if you could provide me with specific recommendations and legal advice to clarify the situation and protect my rights. Thank you in advance for your support.
Sincerely,
Gertrud Wunderlich
Dear Mrs. Wunderlich,
Thank you for your inquiry regarding the contract violation you have experienced with your contracting partner. I am sorry to hear that you have found yourself in such a situation and are facing inconvenience and financial losses. I would like to provide you with some legal advice and recommendations to help you effectively enforce your rights in this case.
First and foremost, it is important to determine whether the contract you entered into with your contracting partner is written or oral. In your case, since you have already made a down payment, I assume it is a written contract. In such cases, it is important to carefully review the contract itself as well as all communications between you and your contracting partner to determine if there is indeed a contract violation.
If it turns out that your contracting partner has indeed failed to fulfill their contractual obligations, you have various legal options to address this contract violation. First, you should try to reach an out-of-court settlement with your contracting partner. This can be done, for example, through a written demand letter in which you request your contracting partner to fulfill the contract within a reasonable period of time.
If an out-of-court settlement is not possible or does not lead to the desired outcome, you may consider legal steps such as initiating a judicial dunning procedure or filing a lawsuit. With a lawsuit, you can compel your contracting partner to fulfill the contract and, if necessary, demand compensation for the damages incurred.
The costs of legal proceedings can vary depending on the scope of the case. It is advisable to inquire about the potential costs in advance and, if necessary, to take out legal expenses insurance to protect yourself from financial risks.
In any case, I recommend consulting with an experienced lawyer who can advise and represent you in this matter. A lawyer can help you assess your legal options, take the necessary steps, and effectively represent your interests.
I hope this information is helpful to you and assists you in resolving your situation. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Nina Koch
