Handle Breach of Contract Issues with Closer Law: A Comprehensive Guide

Contracts are the backbone of business and personal agreements, establishing clear expectations and obligations for all parties involved. However, when one party fails to fulfill their contractual obligations, it can lead to significant disruptions and financial losses.

This is where understanding and addressing breaches of contract becomes crucial. At Closer Law, we specialize in providing comprehensive legal support for breach of contract cases. Our seasoned litigators bring years of experience to the table, ensuring that you receive the best possible advice and representation.

And with our team, fluent in 9 languages, we combine our legal skills with a keen commercial awareness, ensuring you feel understood, stay in the loop completely and know that your case will be supported in your native language throughout every phase of the process.

What is Breach of Contract?

So literally a breach of contract occurs when any stipulated terms and conditions within a legally binding agreement are not honored. This breach can range from minor infractions, like delayed payments, to more severe breaches, such as not providing a promised asset.

This can manifest in various forms:

Material Breach: A serious violation that significantly affects the contract’s value, justifying the non-breaching party to terminate the contract and seek damages.

Minor Breach: A partial breach where the primary aspects of the contract are fulfilled, but some minor terms are not, allowing the non-breaching party to seek damages but not terminate the contract.

Anticipatory Breach: Occurs when one party indicates, before the due date, that they will not fulfill their contractual obligations.

Actual Breach: When a party outright fails to perform their duties as specified in the contract by the due date.

The Legal Framework in Thailand

Under Thai law, specifically the Civil and Commercial Code, the non-breaching party has the right to:

Demand Performance: Request the breaching party to fulfill their obligations.

Seek Damages: Claim compensation for any losses incurred due to the breach.

Terminate the Contract: In cases of significant breaches, the non-breaching party may have the right to terminate the contract.

How Closer Law Can Assist You
  • * Advising on Breach of Contract Disputes
    Our first step is to thoroughly review your contract and the circumstances surrounding the breach. We provide clear, practical advice on the best course of action, whether that involves negotiation, mediation, or preparing for litigation.

    Here’s how we proceed:
    Initial Consultation
    : Understand your situation, review the contract, and assess the breach.
    Strategy Development: Outline possible actions and recommend the best approach to resolve the dispute.
    Risk Assessment: Evaluate potential risks and outcomes to inform your decision-making process.
  • * Delivering Legal Notices
    In many cases, a formal legal notice demanding a remedy or termination of the contract can prompt a resolution. Our team will craft precise and compelling notices tailored to your specific situation, increasing the likelihood of a favorable outcome without the need for court intervention.
    The process includes:
    Drafting the Notice
    : Clearly stating the breach and the demanded remedy or action.
    Serving the Notice: Ensuring proper delivery to the breaching party.
    Follow-Up: Engaging in negotiations or further legal steps based on the response.
  • * Filing a Lawsuit or Exploring Alternatives
    If an amicable resolution isn’t possible, we are prepared to take your case to court. Our litigators have a proven track record of successfully representing clients in breach of contract lawsuits. We also explore alternative dispute resolution methods, such as arbitration or mediation, to find the most efficient and effective solution for you.
    Our litigation services include:
    Preparation: Gathering evidence, witness statements, and expert opinions.
    Filing the Case: Submitting the lawsuit and necessary documentation to the court.
    Representation: Advocating on your behalf in court, presenting arguments, and countering the defense.
Alternative Dispute Resolution

While litigation is often necessary, we also recognize the value of Alternative Dispute Resolution (ADR) methods:

  • Mediation: A neutral mediator helps the parties reach a mutually acceptable solution.
  • Arbitration: A binding decision is made by an arbitrator, providing a quicker resolution than court proceedings.

Both methods can be less adversarial and more cost-effective than traditional litigation, allowing for more flexible and creative solutions.

Case Studies and Success Stories

To illustrate our expertise, here are a few examples of how we’ve successfully handled breach of contract cases:

  1. Case Study 1: Securing Full Compensation for Client’s Financial Loss Due to Supplier Breach
    One of our clients, a family business in Thailand, suffered a substantial financial setback when a key supplier failed to deliver essential goods on time. The delay not only disrupted their operations but also resulted in lost revenue, contractual penalties, and reputational damage.

    Recognizing the seriousness of the situation, our legal team at Closer Law conducted a thorough case analysis. We reviewed the contractual agreements, supplier obligations, and communication records to build a strong foundation for our client’s claim. By compiling documentation—including delivery timelines, financial records, and industry standards for reasonable fulfillment—we outlined the supplier’s clear breach of contract and the direct financial consequences for our client.

    Rather than resorting to prolonged litigation, we chose a strategic negotiation approach. Leveraging our experience in dispute resolution, we engaged with the supplier’s legal representatives and presented our case supported by legal precedents and financial assessments. Our negotiation ensured that our client’s interests remained at the forefront, ultimately leading to a favorable settlement.

    The final result was that our client received full financial compensation, covering not only the cost of the undelivered goods but also additional damages related to operational losses. This outcome not only restored our client’s financial stability but also reinforced the importance of contractual accountability within their supply chain.
  2. Case Study 2: Enforcing Specific Performance in a High-Stakes Construction Dispute
    A client in the construction industry faced a major contractual dispute when a contractor failed to adhere to the agreed specifications and attempted to abandon the project midway. The delays and substandard work threatened our client’s investment, project deadlines, and overall business reputation.

    Understanding the critical impact of the contractor’s non-compliance, our lawyers conducted a thorough contract analysis to identify key clauses that supported our client’s right to enforce specific performance. We put together extensive evidence, including project blueprints, contractual obligations, expert assessments of the construction work completed versus what was promised, and communication records between the parties.

    Rather than accepting financial compensation alone, which would have left our client struggling to find a new contractor and incurring further losses, we pursued a legal remedy that would compel the contractor to fulfill their obligations. Our team successfully argued before the relevant legal authorities that monetary damages would be insufficient and that the only fair resolution was to enforce specific performance.

    Through a combination of litigation and negotiations, we secured a legally binding order requiring the contractor to complete the project in full compliance with the original specifications. The decision not only saved our client from significant financial loss but also ensured the project was completed to the required quality standards.
Committed to Your Success: The Soul of Closer Law

Although I don’t want to state the obvious, but at Closer Law, our clients do always come first and their success is our priority. And we go above and beyond to secure the best possible outcomes in every case we handle.

With our understanding of contract law and strategic litigation approach, we don’t just aim to resolve disputes—we strive to safeguard our clients’ long-term business interests. Whether through negotiation, legal enforcement, or court advocacy, we take a proactive stance to protect our clients from unnecessary risks and financial burdens.

Our commitment to excellence and unwavering client focus have become the very soul of Closer Law. Every case we take on is approached with dedication, precision, and a results-driven mindset, ensuring that businesses in Thailand can enforce their rights with confidence and complete their projects without disruption. When you partner with Closer Law, you’re not just hiring legal representation—you’re gaining a dedicated ally committed to your success.

Working with Closer Law

With our extensive experience in handling breach of contract cases, we understand the complexities and nuances of Thai contract law.

We are dedicated to achieving the best possible outcome for our clients, providing personalized and strategic legal support throughout the process.

Our goal is to be your reliable troubleshooter, ready to tackle any contractual challenge you face.

  • Experienced Litigators: Years of courtroom experience and deep understanding of Thai contract law.
  • Tailored Solutions: Tailored legal strategies to fit your specific needs and circumstances.
  • Client-Centered Approach: Focused on achieving the best outcome for you with transparent communication and regular updates.
Next Steps

If you find yourself dealing with a breach of contract or any other legal challenge, don’t try to do it all by yourself. Contact Closer Law for a consultation regarding your case. Let us help you protect your rights and achieve the resolution you deserve.

Contact us by using the form to the right or you can call us if you prefer.

Phone: +66 (0) 61 645 8553

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