Breach of contract

Breach of Contract in Small Claims Court

When an individual enters into a contract with another person or company, he/she expects that other party to fulfill his/her end of the bargain.  A failure to do so can result in a breach of contract.  Breach of contract in Small Claims Court is a common dispute. Mr. Small Claims Court has experience and expertise in this area and knows how to help you.

What is a Breach of Contract?

Before understanding what a breach of contract in Small Claims Court is, we need to comprehend what a contract is. A contract is formed when an offer is made by one party to another, the other party accepts the offer, there is consideration, meaning some sort of value exchanged or to be exchanged, and there is an intention to enter into a contract, known in Latin as consensus ad idem, or, a meeting of the minds.

Once a contract is in effect, there is an obligation on each party to fulfill his/her end of the bargain.  A failure of one party to do so can result in a breach of contract.

What remedies are available when there has been a breach of contract?

There are different remedies available to a person who is the victim of another party’s breach of contract in Small Claims Court.  The only remedy available, generally speaking, is to sue the party who breached the contract for monetary damages.  An example of damages may be how much money the victimized party would have received, had the breaching party not breached.

What should I do if someone has breached my contract or if I am unsure?

If you have been the victim of a breach of contract in Small Claims Court or think someone may have breached it, then you should seek legal advice immediately. It is particularly important because in Ontario there is a 2 year deadline, or statute of limitations, to commence your lawsuit from the date you discovered your loss.

Mr. Small Claims Court is happy to discuss your options with you, and contact us now to learn more.