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meera arora   09 September 2024

Brerch of contract

Raj, my husband, is a freelance software developer. In March 2022, he signed a three-year contract with a tech startup. They assured him that his services would be required for the entire period, and he’d have a steady stream of projects to work on. Trusting their word, Raj upgraded his equipment and even hired two assistants to manage the increased workload. However, after just a year and a half , in june 2024, the startup suddenly canceled the contract, saying they were facing financial issues and changing their business model. Now that he is left with no clients and a lot of bills to pay. He had expanded his business, and now, with no work, we’re struggling financially. He feels that what the company did was unfair. They made promises, and now, because they backed out so abruptly, he’s facing a lot of financial pressure. We’re trying to see if there’s anything we can do legally to hold them accountable for breaking the contract and leaving us in this tough situation. What can we do now?



Learning

 1 Replies

Saloni Pande   09 September 2024

As the agreement outlines if one party fails to comply by that then it is said to be breach of contract. In the stated case the sudden cancellation of the contract could be considered to be a breach, especially if they do not provide Raj with adequate notice or compensation.

The following could be taken as a legal recourse:

As the first step a through review of the agreed contract should be done, cluses related to termination or notice period or compensation should be looked through. These are crucial for determining the validity of the startup action and his rights. As a  further step he should gather all the evidences related to communication with the startup that would include all the mails, messages any written assurances regarding the duration of the contract and the steady streaming of the project. These will play a vital role in proving the breach and the promise made by the startup.  

The following is the potential legal actions that could be taken:

He can send in an fomal demand letter to the startup before taking a legal action which could outline the breach, financial losses incurred and a request for a compensation. This could result in a settlement without going to court. If at all the contract includes arbitration or  mediation clause he may pursue these alternative dispute methods, before filling any lawsuit as these process can be quicker and  cheaper.

Cost of hired assistance or any upgraded equipment’s, losses that were foreseeable result of the breach for eg. Lost of business opportunity, or in some cases the court may ask to fulfil the contractual obligation as well. These are few of the things that the court may award as a compensation to Raj.              

To prove the breach the following needs to be proven;

The signed agreement between the startup and Raj with shows the existences of a valid contract. The losses incurred by Raj due to breach. As outlined in the contract the stratup failed to fulfil the obligation.


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