When two parties agree on clear terms, there is an expectation that those promises will be honoured. Problems begin when one side fails to perform what was agreed. Delayed payments, incomplete work, early termination, or violation of employment terms are all common examples. In such situations, a Legal Notice for Breach of Contract becomes the first and most effective step to protect your rights.
A legal notice allows you to formally communicate the breach, demand compliance or compensation, and warn the other party about possible legal action. In many cases, this step alone is enough to resolve the dispute without going to court.
What is Breach of Contract?
When two parties come together in a contract, they come with the trust that both of them will follow the duties and responsibilities mentioned in that contract. But when one party fails to do so, they break the trust and the terms of the contracts, known as the breach of contract.
A breach of contract occurs when one party fails to perform its obligations under a legally valid contract. This could mean not delivering goods, not paying money, failing to complete services on time, or acting against agreed terms. In India, breach of contract is governed mainly by the Indian Contract Act, 1872. When a breach happens, the affected party has the right to seek remedies such as compensation, performance of the contract, or termination. A draft legal notice for breach of contract in India is usually sent before initiating formal legal proceedings.
What Are the Types of Breach of Contract?
Breach of contract can take different forms depending on the situation.
- Actual Breach: An actual breach happens when a party completely fails to perform its obligation on the due date.
- Anticipatory Breach: An anticipatory breach occurs when a party clearly indicates in advance that they will not perform the contract.
- Partial Breach: A partial breach happens when only some terms of the contract are violated.
- Material Breach: A material breach happens when the goods/services received by the party are not what was promised or required to be given. Either they are completely different or of very low quality.
Each type of breach may require a different legal approach, which is why a properly drafted legal notice is important.
What Legal Actions Can I Take Against Breach of Contract?
If a contract is breached, the law provides several remedies. You can claim monetary compensation for losses suffered. You can ask for specific performance, where the court directs the other party to fulfil their contractual obligations.
In some cases, you may terminate the contract and claim damages. Before taking any of these steps, sending a legal notice for breach of contract strengthens your position and shows that you attempted resolution in good faith
Can a Legal Notice Be Sent for Breach of Contract?
Yes, a legal notice can and should be sent for breach of contract. It is often the first formal step before taking legal action. The notice clearly explains how the contract was breached, what loss has been caused, and what remedy is being demanded.
Legal notices are commonly sent in business disputes, service agreements, property transactions, and employment matters, including a legal notice for breach of employment contract or a legal notice to an employee for breach of contract.
Essential Points to Be Included in Breach of Contract Notice
A well-drafted legal notice must be clear, factual, and legally sound. It should include:
- Name of both parties along with their place of residence
- Dates of the contract when entered
- A brief description of the contract
- The clause/terms being breached for which the notice is being sent
- When the breach occurred
A proper legal notice format for breach of contract avoids emotional language and focuses strictly on facts and legal rights.
Also Read, Types on Legal Notice
How to Send a Legal Notice for Contract Breach?
Sending a legal notice through eDrafter is simple and fully online.
- You start by visiting our website edrafter.in and select the legal notice service from the main menu.
- After sharing the basic details of your contract and the breach involved, you are connected with an advocate.
- Provide the advocate with all the details, and the advocate shall prepare a draft legal notice for breach of contract based on your situation and applicable legal provisions.
- You get the chance to review the draft and suggest changes, if required.
- Once you approve it, the notice is sent to the opposite party through legally recognised modes, along with proof of dispatch.
Why Choose eDrafter to Send Breach of Contract Legal Notice?
eDrafter makes legal processes simpler and more accessible. The platform connects you with experienced advocates who understand contract law and use proper legal language.
You get the option to review the notice before it is sent, ensuring nothing important is missed. Proof of dispatch is provided, and the entire process is handled online. This makes eDrafter a reliable option for individuals and businesses looking for quick and effective legal support
How to Reply to Legal Notice for Breach of Contract?
Receiving a legal notice can be terrifying; it is important to reply carefully and within the given time. A reply to legal notice for breach of contract should address each allegation clearly and factually. With the help of an advocate, get a reply to the legal notice prepared.
A proper reply may deny the breach, explain your position, or propose a settlement. This is why replies are usually drafted with legal assistance, ensuring your rights are protected, and your response cannot be misused.
Conclusion
A Legal Notice for Breach of Contract is a powerful tool to assert your rights and seek resolution before matters escalate. It communicates seriousness, creates a legal record, and often leads to settlement without court intervention. Whether it involves business agreements, employment contracts, or service arrangements, sending a clear and professionally drafted notice is often the smartest first step. With online platforms like eDrafter, the process has become simple, affordable, and reliable.
Frequently Asked Questions
Who sends a legal notice for breach of contract?
A legal notice is usually sent by the aggrieved party through an advocate, though individuals and businesses both can initiate the process.
When does a breach of contract happen?
A breach occurs when a party fails to perform, delays performance, or violates any agreed term of a legally binding contract.
What if nothing happens even after sending legal notice?
If the other party ignores the notice or refuses to comply, you can proceed with legal action such as filing a civil suit, seeking specific performance, or claiming damages.
Suhani Sugandha – Legal Intern & Content Writer
Suhani is a legal content writer and researcher studying at the National University of Study and Research in Law, Ranchi. Specializing in simplifying complex legal concepts, Suhani creates clear, engaging, and well-researched content, including legal blogs, case analyses, research articles, and policy reviews. Passionate about making legal information accessible to all, Suhani bridges the gap between law and the public through informative and insightful writing. With a keen eye for detail and a strong legal foundation, She ensures accuracy and clarity in every piece, helping individuals and businesses navigate legal matters with confidence.