Can I sue someone for a breach of contract?
Yes, you can sue someone for a breach of contract. A contract is a legally enforceable agreement between two or more parties. In British Columbia and Alberta, a contract must meet certain requirements to be valid:
- Offer – One party makes a clear proposal. For example if Sarah tells Michael she’s willing to sell her car for $8,000 or if she proposes to design a website for Michael’s business for $1,000 then there is an offer.
- Acceptance – The other party clearly agrees to the offer. For example, if Michael agrees to buy the car from Sarah or if Michael tells Sarah to go ahead and design the website then there is acceptance.
- Consideration – Something of value must be exchanged between the parties, such as money, goods, or services.
- Certainty of terms – The important details of the agreement must be clear (i.e., price, work to be done, timelines). It shouldn’t be vague or ambiguous.
- Intention to create legal relations – Both parties must intend for the agreement to be legally binding (unlike casual promises between friends).
- Capacity – The parties must have the legal ability to enter the agreement. For example, being of legal age and sound mind.
- Legality - The purpose of the contract must be lawful. An agreement to do something illegal will not be enforced by the courts.
If one of these elements is missing, the contract may not be valid or enforceable. Even when a contract is valid, pursuing a claim for breach can be complex. A civil litigation lawyer can help you assess your situation and determine the best path forward.
There are several possible remedies when a contract has been breached. The most common is damage, which means financial compensation for the losses suffered by the innocent party because of the breach.
The court can also order specific performance, which forces the breaching party to take certain action. This might include requiring them to carry out their obligations under the contract. For example, in a contract for the purchase and sale of property, the court may require the seller to go through with the sale even if they tried to back out.
In some cases, the court may grant an injunction, which prevents someone from taking a certain action. For instance, the court might prevent a shareholder from taking certain actions that would harm the interests of other shareholders.
The remedy you pursue for a breach of contract depends on what you are trying to achieve and whether you want to carry through with the contract. At Crossroads Law, we can help you bring or defend a breach of contract claim.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
