Ezell Law Firm, LLC - criminal defense lawyer, Baton Rouge
Call for a free phone consultation

Local 225-763-2272         Toll free 888-511-8717

PLEASE NOTE: To protect your safety in response to COVID-19, we are offering our clients and prospective clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.

A Louisiana Full-Service Law Firm, Dedicated to Your Needs

How are breaches of contracts and warranties handled differently?

| Apr 28, 2020 | Contracts |

Contracts are a type of agreement that both single individuals and business entities enter into. It generally details what particular product or service is being offered and what type of compensation is being paid for whatever item is provided or action that’s being carried out. If the terms of the contract aren’t carried out, then it’s often said that a breach of it has occurred.

Two common types of breaches are contract and warranty breaches.

A plaintiff may be entitled to recoup compensation for the entire terms of the contract if the party that they’re contracted with to offer a service fails to uphold their end of the bargain.

This isn’t the case if someone breaches a warranty though. The plaintiff may only be able to recover damages from the defendant for their lack of performance if they do something that breaches the warranty.

The Uniform Commercial Code (UCC) regulates how compensation is to take place in the event of a breach of warranty. The plaintiff is generally entitled to the difference between the value of the item and what they received in breach of warranty cases.

Plaintiffs can either seek enforcement for specific performance or sue in breach of contract cases. They can request to have the contract terminated and request reimbursement of what they paid if the plaintiff can prove that they didn’t receive the services or items that they were promised.

It’s important to know the difference between a breach of contract versus a breach of warranty because that will determine what type of damages and compensation you’re entitled to request. It also matters whether the goods and services that you received are unique and whether the defendant at least partially lived up to the contract.

An experienced attorney here in Baton Rouge can help you sort through the details so that you can determine what’s the best route for you to take in your Louisiana case.