Breach of Contract
In the event that a contract falls through, and a breach of contract has occurred, below is a brief outlined process of what you are to expect in a litigation process for a breach of contract.
FIRST: Must establish a cause of action
TORTS: Personal Injury - Not too many cases on torts as cause of action come mostly from contracts.
Cause of Action in Contract:
- To retrieve as much information possible relevant to the situation at hand
- Courts want to see previous negotiations, also will have in place pre-trial negotiations
Contract Prescription Periods - the period in which you may file a case must have not expired.
- Short: 30 days
- Long: 30 years
It is very important to keep in mind that Thai laws have a lot of prescription periods.
SECOND: Once the above has been complete, and a breach of contract has been determined, then Send a Formal Demand Letter. (Pre-Trial) This could be for a contract of:
- Specific performance (specific contract for services, etc.)
- Property defect (opportunity to remedy defect)
Formal Demand: (Only delivered in Thai, English version will be given) Includes:
- Stated general information
- How did the developer breach the contract
- How can they remedy the breach
- Duration to remedy such breach
* Important for you to provide as much information as possible relevant to the circumstances.
* A lot of information is needed so that it may be put in chronological order to outline specifics easily in court.
After the demand letter has been sent, and there is no response, we must then discuss whether the applicant will wish to proceed with the court case.
Please note that the onus is on the claimant to find Assets of the other party.
** Can compel asset disclosure if the defendant is a company and not a natural person. Keep in mind that this whole exercise might be useless if they have NO assets.