Issue link: https://read.dmtmag.com/i/730311
Breach of Contract LEGAL LANE By Jim Klepper 50 October 2016 BestDriverJOBS www.bestdriverjobs.com I signed a contract to purchase a 2014 Kenworth truck. Now the guy has decided he doesn't want to sell it to me but will sell it to another guy instead. Can I sue him and make him sell me that truck for what the contract says? Of course you can sue him, if you have the filing fee. However, that does not mean you will win. Whether you win the suit may depend on the language of the contract and how the breach of that contract affected you. A long, long time ago when people kept their word, deals like this were done with a handshake. A man's word was his bond, and his reputation allowed him to buy and sell with a handshake. Then came the lawyers, and ever since it has been harder and harder to buy and sell. Written contracts became the way things were done because there were delays, financial problems or other problems that could arise that would hinder the completion of the contract. But most of all, written contracts became the way to do business because more and more people were forgetting what they agreed to when they shook hands or they misunderstood what the other party said or meant. Questions arose about the ob- ligations of the parties to the contract to fulfill their part of the bargain or if there was a breach of the contract. A contract creates obligations that are to be fulfilled by the parties who enter into the contract. A breach of contract oc- curs when one of the parties fails to fulfill their obligations agreed upon in the con- tract. An example of a breach is if a party fails to perform on time, not perform in accordance with the terms of the contract or fails to perform at all. Depending upon the severity of the failure to perform, called the breach, that failure will be clas- sified as either "material" or "immaterial" in determining the correct legal solution, called the remedy, for that breach. A material breach is the more severe breach and refers to being of real im- portance or consequence or an essential component of the contract. An example of a material breach is if the truck is delivered a day late on the 2nd when the contract specified the 1st and stated "time is of the essence" for delivery on the 1st. This would be where the truck was needed on that specific day to perform a function relating to the purpose of the contract such as allowing the new owner to win a hauling contract with a shipper. An immaterial breach is not essen- tial, pertinent or of consequence to the contract. An example of an immaterial breach is if the truck is delivered on the 2nd and the contract specified the 1st, but did not contain the magic words "time is of the essence." Here the truck was not needed on that specific day and not for a specific function other than the purchase of the truck. When one of the parties to the contract alleges a breach of contract, they may try to enforce the contract on its terms or