A local online news service owner recently reported his involvement as Respondent in a civil lawsuit where the Plaintiff, another online news service owner, has petitioned the Courts for relief alleging "breach of contract".
What does the term 'breach of contract" mean? What is the legal definition?
From the website www.uslegal.com, we find the following legal definition and expanded explanation:
"Breach of contract means failing to perform any term of a contract without a legitimate legal excuse. The contract may be either written or oral. A breach may include not finishing a job, failure to make payment in full or on time, failure to deliver all the goods, substituting inferior or significantly different goods, not insuring goods, among others. An anticipatory breach may be made by an act which indicates the party will not complete the work.
A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occuring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach. Remedies for contractual breaches are not designed to punish the breaching party. A contract a a legally enforceable promise, either made in writing or orally. However, certain promises must be reduced to writing in order to satisfy the Statute of Frauds, a rule of substantive law, not a rule of evidence, that specifies certain subjects that must be evidenced by a written instrument.
The non-breaching party is relieved of his obligations under the contract by the other party's breach. Courts will award damages in the event of a breach, but the intent is not to punish the breaching party, but rather to put the other party in the position they would occupy if the contract had been fulfilled. In cases where money is inadequate to compensate the aggrieved party, the court may award specific performance to force the breaching party to fulfill the terms of the contract."
So you can see that an allegation of "breach of contract" is a very serious allegation, especially when it involves business owners who rely upon trust and confidence to successfully operate their businesses! If the case is proven and a judgment is awarded, then the Respondent's business reputation will be seriously tarnished, particularly in a small community like Hermann. If the allegation is found to be without merit and no relief is ordered by the court, then the reputation of the Plaintiff has been seriously tarnished. Yes, the allegation of "breach of contract" against another party is very serious business!
Hermann Hearsay is watching the local case involving two of our colleagues in the news service industry with great interest. Our editorial board has made the decision that we will have no further comment regarding the specifics or merits of this case until a court judgment is finally rendered. This is a matter which involves a bitter dispute between two private businessmen in our community. Were either of the two principals in this dispute an elected official, we would investigate the matter and report our findings to HH readers. Public officials give up their right to privacy when they assume public office. Since this dispute and lawsuit involves two private citizens, we will respect their privacy (although they have effectively lost their right to privacy by becoming parties to a civil lawsuit). It's just that we understand both parties are under considerable stress because of the lawsuit. We do not wish to involve ourselves in their private business affairs. We do not wish to add to the stress they are already under.
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Reciprocal Websites:
www.bergerbaloneywithmayo.blogspot.com/ (Berger News)
www.dschaefer.vemma.com/ (Ultra Premium Nutritional Drinks)
www.heart2heartlyrics.blogspot.com/ (Song Lyrics)
www.hermannhookups.blogspot.com/ (Social Networking)
www.mid-missouri-mule-rides.blogspot.com/ (Family Fun)
www.ngnn.com/ (Hermann, New Haven and Owensville NEWS)
www.rivertownrecipes.blogspot.com/ (Food & Drink Recipes)
www.vemmadrinker.blogspot.com/ (Premium Nutritional Drinks)
www.watkinsonline.com/richardhschaefer (Watkins Products)
Non-Reciprocal Websites:
www.dorasspinningwheel.com/ (Embroidered Caps, Shirts, Etc.)
www.hermannadvertisercourier.com/ (The Hermann A-C)
www.hermannchamberofcommerce.com/ (Hermann C of C)
www.timeforpie.com/ (Pie, Rolls, Scones, Coffee, Lattes & More)
This is my opinion and not the opinion of this news site or any of the reporters. If an unknown businessman put the money up for an online news service with another unknown man and the second man left with expensive equipment and also oweing money,the businessman is going to sue the second man's ass off!! Sorry if I added to anyone's stress but if the contract is solid there is going to be one less Online news sevice in Hermann! Cletus Snow Canaan, Mo
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