Breach of Oil & Gas Contract

BREACH OF CONTRACT LAWYER

The mere fact that commercial parties have committed themselves to an oil and gas related enterprise by signing a legally binding agreement, doesn't necessarily the will or can honour the terms of that agreement for the duration of the contractual arrangement. For various reasons, the signatory to a legal agreement may violate or otherwise fail to abide by the specific terms of the contract and thereby be in breach of the contract. At such a time, the challenge becomes (a) what is the reaction of each of the parties to this breach and (b) how will this transgression be ultimately resolved.

Some of the preliminary consideration to be examined when examining how to proceed with a breach of contract claim include:

(a) ascertaining the existence of a valid and legally-binding contract between the parties;

(b) ascertaining if the party asserting the breach either tendered performance or was excused from doing so;

(c) ascertaining if the party that purportedly is in breach has in fact breached the terms of the contract; and

(d) ascertaining if the party asserting the breach sustained damages as a result of the breaching actions of the party that purportedly is in breach.

These are only a few of the preliminary considerations for assessing how to deal with a breach of contract claim, given that such legal matters tend to be influenced by a multitude of competing factors, including particulars of dispute and the interest of each of the parties to resolve the controversy or pursue judicial redress through court litigation. This in turn increases the tension and cost associated with resolving breach of contract cases.

For those seeking legal representation as to an actual or purported breach of a business contract in the oil and gas sector, contact Neufeld Legal P.C. at Christopher@OilGasLawyer.ca or 403-400-4092.