Broken Promise May Mean Broken Contract
Recently, Michael Jackson’s former general manager, Raymone Bain, filed a civil lawsuit against the entertainer for breach of contract seeking multi million dollars in damages. According to Ms. Bain, “Mr. Jackson has elected not to honor the financial obligations of our contractual relationship, despite my numerous attempts to amicably resolve this matter.” The financial obligations reportedly included the agreement by Mr. Jackson to pay Ms. Bain 10 percent of any agreements that she handled on behalf of the singer, which he allegedly failed to do. As a result, Ms. Bain filed a classic breach of contract lawsuit seeking damages because Mr. Jackson allegedly failed to uphold his end of the bargain in the contractual relationship.
Generally, the term “contract” refers to an agreement between two or more persons that creates an obligation to do or not do a particular thing. The term “contract” can also refer to the physical document executed by the parties that sets forth their obligation or obligations. Depending on the situation and what is involved, the agreement that forms the basis of a contract may either be oral or written. In some instances, the agreement may not always be obvious. For example, those guarantees and warranties received from manufacturers of products, including automobiles, often form the basis of a contractual relationship.
In the current economic environment, it is not surprising that parties are finding it difficult to perform contracts as originally agreed. This failure to perform gives rise to a civil cause of action for breach of contract. A breach of contract dispute may arise for an individual, a family or a business. Anyone who has been the victim of a breach of contract usually faces significant losses unless they pursue legal action for damages or enforcement. Whether you are a homeowner seeking to enforce a purchase sale agreement, a business owner seeking to enforce a commercial contract or a person seeking to defend yourself or company against a breach of contract claim, you must protect your rights under a contract.
While you may not have a lucrative agreement with a high profile entertainer, you may have an agreement, no less important to you, which for whatever reason, was not performed as agreed. On the other hand, you may be the party allegedly breaching the agreement. In either case, the stakes are usually too high to go it alone and legal counsel is necessary. Often, in such suits, the successful party is entitled to enforce the contract and recover monetary damages, including costs and attorney’s fees. In addition, if the situation involves a claim that a party may sustain immediate and irreparable harm, that party may be able to prevent another party from acting through a temporary restraining order or an injunction. In this scenario, a Court basically tells the parties what they can or can’t do pending the outcome of the dispute. Not a good thing if you are on the losing end of such an order and are simply trying to conduct business as usual.
Although breach of contract actions are varied, they include situations where you are an individual or business owner who has suffered a loss, or may suffer a loss, because of a breach of contract, or you are seeking to defend a breach of contract claim. Moreover, these actions may include situations where you are insured and you are seeking the enforcement of your insurance policy against an insurance company. It may also include cases where you have been denied insurance coverage, feel that you have been taken advantage of by an insurance agency or have a dispute in a landlord/tenant relationship. To find out more about your specific situation, call The Mack Law Office, PLLC at (469) 519-1020 or visit our website at www.macklawoffice.com to submit information about your case. Our office is conveniently located at 1333 W. McDermott Dr., Suite 200, Allen, Texas 75013.
