How To Draft Legal Notice For Non-Performance Of A Contract?

Before Proceeding With Any Business Or Service Arrangement, We Frequently Enter Into Various Agreements, Contracts, And Memorandum Of Understanding. An Agreement Defines And Limits The Roles Of Either Party To Avoid Any Future Legal Action Due To A Breach Of The Agreement. The Party To Such An Agreement Incorporates The Entire Scope Of Work To Be Performed By Each Party, As Well As The Rights And Liabilities Arising From The Subject Matter Of The Arrangement. Most Agreements Also Specify How The Parties Will Resolve Any Disputes That Arise Through Mediation, Arbitration, Or Any Other Method Agreed Upon By The Parties. However, There Are Cases Where One Or Both Parties Violate Or Breach The Agreement.

Breach Of Contract Is A Legal Cause Of Action And A Civil Wrong In Which One Or More Of The Contracting Parties Fails To Honor A Binding Agreement Or Bargain Interchange Occurs When One Party Fails To Perform Or Interferes With The Performance Of The Other. A Breach Occurs When A Contracting Party Fails To Fulfill Its Obligations As Specified In The Contract, Communicates An Intent To Fail The Obligation, Or Otherwise Appears To Be Unable To Perform Its Obligation Under The Contract.

In India, The Indian Contract Act Of 1872 Governs All Contracts And Agreements. So, If A Contract Or A Clause In It Is Breached, A Party May Issue A Legal Notice Under The Civil Procedure Code. Legal Notice Can Be Sent Under Section 80 Of Cpc. According To Section 138 Of The Negotiable Instruments Act Of 1881, If A Cheque Is Dishonored In Any Way, The Person Who Dishonors The Cheque Is Required To Submit A Legal Notice To The Person Who Issued The Cheque. 

Drafting Legal Notice For Non-Performance Of A Contract: Step-By-Step Procedure

• The Legal Notice Must Be Written On The Letterhead Of An Advocate And Should Be Specific And Appropriate.

• It Should Contain The Advocate's Address And Contact Information.

• The Date On Which The Legal Notice Is Issued, As Well As The Name, Address, And Contact Information For The Recipient, Must Be Stated.

• Since The Legal Notice For Non-Performance Of The Contract Is Being Sent From The Victim's End, The Victim's Name And Contact Information Should Also Be Included.

• The Notice Should State Clearly How Your Rights Have Been Violated As A Result Of The Opposite Party's Act Or Omission, As Well As What You Expect From Him. A Specific Direction Must Be Given To The Opposing Party, Along With A Time Limit.

• Both The Advocate And The Sender Must Sign The Notice (With A Date).

  
  

Procedure For Sending Legal Notice For Non-Performance Of Contract

There Is No Set Procedure For Preparing A Legal Notice For Non-Performance Of A Contract. However, A Legal Notice Must Be Drafted And Signed By A Lawyer And Include All Of The Above-Mentioned Details/Contents. Once Drafted, The Notice Should Be Reviewed By The Lender. It Should Then Be Delivered To The Defendant. If No Action Or Repayment Is Taken Within The Number Of Days Specified In The Notice, A Recovery Suit Against The Defendant May Be Filed In The Court Of Jurisdiction.

Legal Considerations For Notice Of Non-Performance Of A Contract

You Must Send The Notice And File The Specific Performance Suit Within A Time Limit. However, If The Notice Is Acknowledged, The Limitation Period Will Restart. The Legal Notice's Purpose Is To Provide The Defendant With A Reasonable Amount Of Time To Correct His Actions. The Notice Also Serves As Valid Proof Before A Court Of Law That A Specific Act/Omission Occurred For Which Notice Was Sent To The Defendant.

While Drafting A Legal Notice, It Is Critical To Understand What Terminology Should Be Used, As Even Minor Ambiguities In The Terms Can Jeopardize The Parties' Claims. This Is Why You Need A Civil Lawyer To Help You Draft The Legal Notice. A Civil Lawyer Is An Expert In Contract Law And Understands The Legal Procedures And Requirements Involved In Drafting A Notice. With His Or Her Experience In The Field, He Or She Can Provide You With Appropriate Advice When Drafting A Legal Notice And Ensure That Such Errors Are Avoided That Cannot Be Corrected Even Through Additional Legal Procedures.

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