QUESTION
What will happen if I breach contract that doesn't state any consequences of not abiding by the contract
Asked on Jul 03rd, 2014 on Breach of Contract - New York
More details to this question:
I have been only working for this agency for about 2 months and I was recently hired for a full time position at another job. On the contract I signed with the agency it stated that I would work full time for at least 6 months and they haven't been giving me full time hours in which I have told the agency that. The person responded saying that no matter what I need to complete 500 hours first and then I can make up the other hours later. However this would mean I would have to work 7 days a week. The contract doesn't state anything with completing 500 hrs first and it doesn't say any consequences of not abiding by the contract. I told the agency that on the contract it doesn't state the consequence of breaching the contract and she responding saying that I signed this contract in which I need to abide by it. Can this agency legally do anything about this situation
1 ANSWER
The consequences for breach of a contract are that the breaching party is liable for any damages which the non-breaching party incurs as a direct result of the breach. Here, that might be the additional cost of hiring someone to replace you. The non-breaching party may also be able to compel the breaching party to fulfill the contract or, in the case of a personal services contract like yours, an injunction barring the breaching party from working for anyone else during the term of the contract. HOWEVER, from what you've written, it doesn't seem as if you've breached the contract because the agency hasn't been holding up its end by giving you full time hours. One party's material breach excuses the other party's performance under the contract. Also, it is not a breach of contract where the other party has prevented you from performing, as the agency is preventing you from performing by working full time.
Answered on Jul 03rd, 2014 at 10:34 AM