Signing a contract may seem like a simple formality, but have you ever stopped to think about what it really entails and what happens if one of the parties fails to comply with what was agreed?
Breach of contract: how the obligation between the parties arises
When you sign a contract, both parties assume commitments that must be fulfilled. In other words, every person or organization has rights, but also responsibilities.
However, in practice, situations may arise where one of the parties fails to comply with what was agreed or causes some harm. In those cases, this is referred to as a breach of contract, and the affected party may demand compensation or performance of what was agreed.
Tip: always keep a copy of your contract and, if a problem arises, seek legal advice to protect your rights and avoid further complications.
What happens if someone causes damage during the performance of a contract?
Many contracts do not detail all the possible scenarios that may arise during their performance. For example, a company may hire a systems engineer and, in carrying out their work, they may make a mistake that directly affects the company and causes it financial losses.
Even if the contract does not expressly mention these types of situations, the company may require the engineer to be liable for the damages and expenses caused by their mistake.
This is known as contractual civil liability, which arises when one of the parties breaches the contract or causes damage within an existing legal relationship, that is, while a contract is being performed.
This type of liability may apply in a wide variety of cases: from employment and construction contracts to service provision or supply agreements.
Therefore, before signing or performing a contract, it is advisable to have the support of a lawyer. This way, you can ensure that your rights are protected and you will know how to act in the event of a breach or damage during its performance.
It is important to bear in mind that, to claim this type of liability, certain key elements must be proven:
- The existence of a contractual relationship.
- The act that caused the damage.
- The link between that act and the harm (causal link).
- And evidence of the actual damage caused.
This process can be complex, so having the right advice makes all the difference. At Cuadro Legal, our lawyers specialized in contractual civil liability can offer you comprehensive support and help you enforce your rights in the event of legal proceedings.
