It is a general rule of An agreement that the law will enforce. law that only those people who are A person or organisation directly involved in a court case. Parties include the plaintiff or applicant, the defendant, and any third party added to the action, but not independent witnesses. to the contract (e.g. where the contract is in writing, only those who signed the contract) are bound by it and may seek redress from each other if something goes wrong with the contract. Most commonly, contracts ‘go wrong’ because one of the parties breaches the contract.
There are many things that can be done to resolve a breach of contract Failing to do what was agreed in a contract.. The most important things to remember are:
- make a complaint and demand the situation be remedied at the earliest opportunity;
- stand your ground;
- pursue the other party to remedy the wrong; and
- if you are unsure about your legal position, seek legal advice immediately.
Advice is available from the Under the Australian Consumer Law, a person who buys goods or services for less than $40 000 or for personal or home use. Action Law Centre, other community legal centres or Victoria Legal Aid, if you cannot afford a A legal practitioner (lawyer) who sees clients and opens files to deal with their legal matters but usually does not appear in court. See also barrister.. For a full listing of these services and other community legal centres and their hours of operation, see Chapter 2.4: Legal services that can help.
When a breach of contract occurs, the following four main avenues for resolution are available:
- An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. or A body set up to hear and decide disputes, usually with less formality and less strict rules of evidence than in a court proceeding. help;
- government help; and
- A way of resolving a dispute outside the court system. There are different kinds of alternative dispute resolution, including arbitration, negotiation and mediation..