Pre Action Letter Breach Of Contract Template for England and Wales

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Key Requirements PROMPT example:

Pre Action Letter Breach Of Contract

"I need a Pre Action Letter Breach Of Contract to send to my software supplier who has failed to deliver the agreed system functionality by January 2025, causing significant business disruption and financial losses of approximately £50,000."

What is a Pre Action Letter Breach Of Contract?

The Pre Action Letter Breach Of Contract is a crucial document in English and Welsh contract law, serving as the initial formal step in dispute resolution. It must be sent before initiating court proceedings, as required by the Civil Procedure Rules' pre-action protocols. The letter should clearly identify the contract, detail the breach, specify losses incurred, and propose a remedy. It typically gives the recipient a reasonable time to respond and demonstrates to the court that the sender has attempted to resolve the dispute before litigation.

What sections should be included in a Pre Action Letter Breach Of Contract?

1. Recipient Details: Full name and address of the party in breach

2. Contract Reference: Details of the contract including date and parties

3. Breach Description: Clear description of how the contract has been breached, with reference to specific contract terms

4. Loss Suffered: Details of losses incurred due to the breach, including quantification where possible

5. Remedy Sought: Clear statement of what action is required to remedy the breach

6. Deadline: Reasonable timeframe for response or remedy, typically 14 days

What sections are optional to include in a Pre Action Letter Breach Of Contract?

1. Previous Correspondence: Reference to prior attempts to resolve the matter and summary of key communications

2. Interest Calculation: Details of interest claimed on monetary losses, including calculation method

3. Legal Costs: Statement regarding legal costs incurred and intention to recover these costs

What schedules should be included in a Pre Action Letter Breach Of Contract?

1. Contract Copy: Copy of the original contract marked as Appendix A

2. Evidence of Breach: Documentary evidence supporting the breach claim marked as Appendix B

3. Loss Documentation: Evidence of losses claimed marked as Appendix C

4. Correspondence Log: Chronological record of relevant communications marked as Appendix D

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Limitation Act 1980: Primary legislation that sets out the time limits within which a claim for breach of contract must be brought. Generally 6 years for contracts.

Contracts (Rights of Third Parties) Act 1999: Governs when third parties may enforce terms of a contract to which they are not a direct party.

Late Payment of Commercial Debts (Interest) Act 1998: Provides for statutory interest on late payments in commercial transactions.

CPR Pre-Action Protocols: Civil Procedure Rules that set out the steps parties should take before commencing legal proceedings.

Practice Direction on Pre-Action Conduct: Specific guidelines on how parties should behave before starting court proceedings, including requirements for pre-action letters.

Pre-Action Protocol for Debt Claims: Specific protocol that applies when businesses claim debt payments from individuals.

Contract Formation Common Law: Body of case law establishing principles for valid contract formation including offer, acceptance, consideration, and intention to create legal relations.

Hadley v Baxendale [1854]: Landmark case establishing principles for remoteness of damage in breach of contract cases.

Golden Victory [2007]: Important case law regarding principles of damage assessment in breach of contract.

Consumer Rights Act 2015: Legislation governing consumer contracts and rights, including unfair terms and consumer remedies.

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts.

Misrepresentation Act 1967: Governs false statements made during contract formation and provides remedies for misrepresentation.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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