CYPRUS: General Guidance on aspects of breach of contract issues before pursuing litigation
Before pursuing to litigation, issues that may be raised from an early stage and which relate to aspects of contract law can include amongst others determination of whether a given party has breached the given contract. Should this issue arise, the party through his or her lawyers will need to consider whether there is an enforceable contract, what the terms of the contract are, whether any implied terms exist as well as ultimately whether the contract was breached.
In deciding whether an enforceable contract exists the elements which need to be present are well known and include amongst others the existence of an agreement between the parties, consideration as well as the intention to create legal relations. These are matters that need to be examined by the lawyers as it is the first matter which shall be examined before proceeding with the second issue as to analysis of the terms of the given contract, the meaning of those terms as well as their legal effect. After the above two issues are determined, one should examine whether there are any implied terms since these may also bind the parties and ultimately whether the contract has been breached either in circumstances whether a party fails to do something which is required to be completed under the contract at a specified time or perhaps termination of a contract by a party on the basis that another party through his or her actions or words have indicated that it would not do something which is required under the contract, known in legal terms as repudiation.
The above serves as a short guidance on issues which need to examined before one proceeds to court and can serve as a useful guidance on points which need to be examined prior to establishing whether the contract has been breached.
For further information on this topic please contact
Ms. Nada Starovlah (nstarovlah@pittaslegal.com) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
