A breach of contract can have serious consequences, disrupting business operations, financial stability, and personal agreements. Whether it involves failure to perform, interference with obligations, or outright repudiation, these disputes require swift and strategic action.
At Rushing & Guice, PLLC, we understand the complexities of Mississippi contract law and provide experienced legal counsel to protect your interests.
Many disputes can be efficiently resolved through mediation or arbitration, reducing costs and avoiding lengthy litigation. However, when legal action is necessary, our firm is prepared to aggressively advocate for your rights
Breach of contract in Mississippi
A breach of contract in Mississippi occurs when one or more parties fail to uphold the terms of a legal agreement. Common examples include refusal to perform agreed-upon duties, hindering another party’s ability to perform, or outright repudiation, which is a declared intention not to perform.
Courts address breach of contract disputes under Title 87 of the Mississippi Code, which governs contractual relations. Frequently arising in business disputes or commercial agreements, breaches can involve misinterpretations of contract language or disagreements about specific terms.
Mississippi courts often recommend arbitration or mediation as initial steps to resolve disputes efficiently and minimize costs, especially in cases involving real estate contracts.
If mediation efforts fail, filing a civil claim is the next option. The Mississippi statute of limitations for breach claims varies based on the type of contract.
For written contracts, you have between three and six years to file a claim, whereas, for unwritten contracts, the time frame ranges from one to six years.
Common breaches of contract in Mississippi
Breach of contracts in Mississippi often stem from various types of agreements. These can include business disputes or issues related to commercial agreements. Understanding the nature of these breaches helps in addressing disputes effectively within the state’s legal framework.
Failure to perform obligations
Failure to fulfill contractual duties is one of the most frequent causes of breach disputes. Examples include not delivering goods on time, incomplete work in service contracts, or non-payment in financial agreements.
Disputed contract terms
Contract disputes often arise when parties disagree about how specific terms are interpreted or enforced. This is common in complex commercial agreements where terms might lack clarity.
Unfulfilled or partial performance
Claims of incomplete or partial performance are frequent in Mississippi. For example, a contractor failing to complete agreed-upon renovations could lead to a contract dispute.
Fraud or misrepresentation
Issues of fraud occur when one party claims they were deceived while entering the agreement. Misrepresentation can include false statements about the quality of goods or services.
Evidence needed for a breach of contract dispute
Whether you are defending against a breach of contract claim or pursuing legal action against another party for breaching a contract in Mississippi, presenting strong evidence is essential. Courts evaluate the material facts of the dispute to determine if a contractual violation occurred and whether the claim or defense is legally valid.
Valid contract documentation
A copy of the signed agreement is essential. Ensure the document includes all terms, conditions, obligations, and parties involved. Written agreements provide stronger evidence compared to verbal contracts in disputes involving commercial agreements or business disputes.
Proof of breach
Show how the other party failed to fulfill their obligations. This may involve submitting evidence of non-performance, late delivery, improper execution, or repudiation of contractual terms.
Performance evidence
Provide records or proof that you fulfilled your contractual obligations. For instance, invoices, correspondence, delivery receipts, or payment confirmations can substantiate claims that you met the agreement’s requirements.
Communication records
Emails, letters, or other forms of correspondence can demonstrate attempts to address issues or perform obligations. Documented communications are particularly relevant in complex contract disputes, such as those often seen in business disputes.
Damages calculation
Present evidence of the financial losses or damages you incurred due to the breach. This may include repair costs, lost profits, or expenses directly caused by the failure to adhere to the contract terms.
Statutory compliance
Ensure your evidence aligns with Mississippi laws, including the statute of limitations applicable to your contract type. Written contracts in Mississippi allow up to six years for filing claims, while unwritten contracts fall within a one to six-year window.
Possible defenses used against a breach of contract claim in Mississippi?
Defenses to a breach of contract claim in Mississippi depend on the circumstances surrounding the agreement and alleged breach. Understanding these defenses can help protect your position in contract disputes, including business disputes or disputes over commercial agreements.
Duress
Duress invalidates a contract if one party can show they were forced or coerced into the agreement under unlawful pressure. Mississippi courts require clear evidence of this coercion for the defense to succeed.
Mistake of Fact
This defense applies when both parties were operating under a mutual misunderstanding regarding a fundamental fact of the contract. In Mississippi, the mistake must significantly affect the contract’s purpose to be valid.
Fraud
If the agreement was based on intentional deception, you may use fraud as a defense. Providing proof that false information or representations influenced the formation of the contract is key under Mississippi law.
Incapacity to Contract
If a party lacked legal capacity due to age, mental incompetency, or any other disqualifying condition at the time of signing, a contract might be unenforceable. Mississippi law recognizes incapacity as a valid defense when proven with documentation or testimony.
Illegality of the Contract
Contracts formed to carry out illegal activities are void under Mississippi law. You can use this argument to nullify an agreement that violates federal, state, or local laws.
Tortious Interference
If a third party intentionally disrupted or hindered the execution of contract terms, you may argue that the interference caused the breach, rather than your actions.
Unconscionability
When a contract is excessively unfair or one-sided to the point of being oppressive, Mississippi courts may refuse to enforce it. This defense requires evidence that the terms were unreasonable when drafted.
Negligence
Negligence may be claimed if actions, omissions, or the breach itself resulted from the other party’s failure to act with proper care or professionalism.
These defenses align with Mississippi’s legal framework for addressing breach of contract claims. They must be backed by strong evidence, such as contract terms, communications, or external circumstances, to be effective in court.
What are remedies for a breach of contract in Mississippi?
State law in Mississippi provides various remedies when a breach of contract occurs, ensuring fairness and compensation based on the circumstances. Remedies address the impact of the breach while encouraging resolution through legal means.
Damages
Under Mississippi Code §11-1-65, the two main types of damages awarded are compensatory and punitive damages.
- Compensatory damages cover the financial losses caused by the breach, such as lost profits or expenses incurred while performing the agreement.
- Punitive damages, which are less common, may be awarded if the breach is proven to involve malice or bad faith.
Specific performance
Specific performance may be ordered by the court, requiring the breaching party to fulfill their contractual obligations.
This remedy is commonly applied when monetary compensation cannot adequately address the breach, such as in real estate contract disputes or disputes over unique commercial agreements.
Failure to comply with this order may result in severe civil penalties or criminal contempt charges.
Rescission
A court may also rescind the contract, releasing all parties from their obligations and restoring them to their pre-contractual positions.
This remedy is appropriate in cases where the breach makes continuing the contract impossible or inequitable, such as fraud, misrepresentation, or significant non-performance.
How can a contract dispute lawyer help you?
Navigating a breach of contract dispute in Mississippi can be complex, but a skilled attorney can provide the guidance you need. At Rushing & Guice, PLLC, we understand how disruptive a breach of contract can be to your business or personal life.
Our experienced attorneys are here to help you navigate the complexities of contract disputes in Mississippi, from understanding your rights to pursuing the best legal remedies available.
Whether you need assistance with damages, specific performance, or mediation, we offer the legal support necessary to protect your interests and resolve business & contract disputes efficiently. Call us at (228) 374-2313 or fill out our online form to arrange a limited initial consultation.
