A high number of commercial law litigation matters arise out of breach of contract.
No matter what care and effort is made in drafting a contract, the imperfect and imprecise nature of language means there will always be room for difference of opinion on interpretation so that no written contract will be a true reflection of the parties' intentions. Also, despite the protests of the parties at the start of any relationship, there will be a change in their views on the commercial background to the contract and, for sale of goods and supply of services, faultless service or perfect products are not realities.
Where a party fails to perform its obligations without a lawful reason, it is said to be in breach of contract. Breach of contract gives rise to a number of remedies. The remedies will differ depending on the nature of the breach.
Most parties to a commercial litigation dispute will want to avoid going to court, due to the time, money and stress involved in formal litigation proceedings. An experienced commercial litigation solicitor will try and resolve a disagreement by employing alternative dispute resolution procedures such as negotiation, mediation, or arbitration. A majority of commercial disputes settle early, via one of these methods.
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