Breach of Contract | Atlanta Business Lawyer Robert J. Fleming

Common Sense • Uncommon Results

Breach of Contract

Atlanta Breach of Contract Attorney

A breach of contract is a failure, without legal excuse, to perform a promise. While this seems simple enough, the vast majority of business litigation stems from breach of contract. It seems that some companies simply don't care to honor their contractual obligations and the only way for you to get relief is to sue them to enforce the contract and recover your damages.

In Georgia, the non-breaching party in a breach of contract case is entitled to recover "all damages that arise naturally and normally from the breach of contract." Stated another way, the non-breaching party is entitled to recover all the damages that the parties to the contract envisioned would accrue if the contract was breached. In addition, the non-breaching party is entitled to recover all reasonable expenses incurred in complying with the contract and costs. In addition, the non-breaching party may recover attorneys' fees and expenses of litigation if it can be proven that the contract was entered into in bad faith, was procured by fraud, or that the defendant (the breaching party) has been stubbornly litigious. Many times, this is referred to as a "so sue me attitude." In essence, the breaching party is stating by its conduct, "I breached the contract with you but I am not going to pay you your damages. If you want to recover the damages I caused you by breaching our contract, sue me!" This is the exact type of situation in which Georgia law allows one to recover attorneys' fees and expenses of litigation.

Many times, the measure of damages for breach of contract will be the value of the goods or materials furnished. However, in addition to monetary damages, a party injured by a breach of contract may elect to ask the Court to rescind (e.g., set aside) the contract. This most often occurs in situations in which the damaged party has been injured by a breach of contract and fraud. In this situation, the injured party seeks to have the contract rescinded so that it is not limited by restrictive clauses in the contract that may work to the injured party's detriment. Once the contract is rescinded, the injured party can seek all damages allowed under the law, including actual damages, attorneys' fees and expenses of litigation and and punitive damages, to the extent allowed by law. In addition, damages may be awarded along with rescission, if that will put the parties in the position in which they were in prior to the breach.

Robert J. Fleming is an experienced Atlanta business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes for his business clients.

If you would like to discuss your case, please call Robert J. Fleming at (404) 525-5150 or contact us online. We are here to help.

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"After being injured during a dental procedure, I sought the legal counsel of Attorney Fleming to help me with my case. Finding Attorney Fleming was the best thing that could have ever happened to me. He is very communicative, honest, straight-forward and he was really committed to seeing my case through. He worked long and hard to handle my case and I am truly grateful and completely pleased with his service. If you are in need of an experienced dedicated professional I wholeheartedly recommend Attorney Robert Fleming!"

-K. Irby
Duluth, Georgia

"We really want to thank you for the most wonderful job you guys did in representing us in our legal matter. You both went far and beyond the call of duty for us, and the outcome was better than we ever expected. You two people were a godsend to us. I would recommend the Robert Fleming law firm to anyone that has been wronged by an employer. You stood up for us and we thank you from the bottom of our hearts. God bless you both and have a wonderful Holiday."

- B.M.
Panama City Beach, FL

"I spent four days in the hospital after two pit bulls attacked me while I was gardening in my yard. My injuries were severe. After the attack, I was hurting and scared. I was worried about the mounting medical bills and how I was going to pay them. My accountant referred me to Atlanta injury lawyer, Robert J. Fleming. Mr. Fleming was able to help me. He always took good care of me. I liked the way he used technology to keep me informed (scanning documents for me to see, e-mail updates, etc.). He is a smart and experienced lawyer who knows how to get things done. Honestly, I have nothing but good things to say about Robert J. Fleming and the Fleming Law Firm. They were able to help me recover a lot of money for my dog bite injuries and I think Mr. Fleming is a genuinely nice person."

- J. Long
Snellville, GA

"I sought legal help from Robert J. Fleming after having been hurt by a chiropractor. Mr. Fleming did all that he told me he would do. Once I hired him as my lawyer, he worked very hard on my case and he kept me informed on what was happening every step of the way. I am a hairdresser. After my case settled, I was able to buy my own salon and that has changed my life. Robert J. Fleming did a fabulous job for me. I could not have asked for more from him."

- Y. Pilgrim
Smyrna, Georgia

"Robert J. Fleming represented me in an auto accident case. I turned to him after another lawyer withdrew from my case because the insurance company would not settle. Robert J. Fleming took my case, filed suit, went to trial AND WON! While my case may not have been the biggest case he handled, Mr. Fleming worked extremely hard on my case. I had the pleasure of watching Mr. Fleming in the courtroom and I can honestly say that he could not have been more impressive. Not only did I recover the money for medical bills and pain and suffering that were asked for, we were awarded over $8,000 in attorneys\' fees, which I understand is very rare in Georgia. Robert J. Fleming is the best!"

- S. Yu
Chamblee, Georgia

"I hired Robert J. Fleming to represent me in a business dispute. Due to the nature of the case, the litigation was complex and the company I was forced to sue was represented by one of the largest law firms in town. I was pleased with how Mr. Fleming handled my case and with the results. Mr. Fleming worked hard to push my case to resolution. He always kept me informed about my case and he was very responsive. I highly recommend Robert J. Fleming to anyone in need of a top notch lawyer."

- R.E.
Atlanta, Georgia

"Due to the defendant\'s stalling tactics, my case took several months to come to trial, but Mr. Fleming was always willing to discuss my case and took a personal interest in every aspect of my suit. He explored every angle, which meant very much to me after other attorneys had dismissed my case as too much trouble to pursue. Unfortunately, the facts of my case are sealed, but I believe I am allowed to say that Mr. Fleming did win a substantial amount for my injuries. If you want someone who will hear you out and "go the extra mile" to win your case, Robert J. Fleming is your man. I highly recommend Mr. Fleming. It was always comforting to know that he was on the case."

- C. Cooke
Jackson, Georgia

"I contacted Robert Fleming to resolve a complex sales commission dispute for me. The results he produced exceeded my expectations. His successful track record speaks for itself. He is savvy and understands the legal process. I was very satisfied and amazed with the results he produced for me. If you are looking for professional legal representation from an aggressive, no-nonsense trial lawyer then I highly recommend Robert J. Fleming."

- D.B.
Alpharetta, Georgia

"The lawyers at Fleming Law, P.C. are experienced, hard-working and effective. They have an excellent and well-earned reputation and they are excellent litigators. I highly recommend them."

- J.H.
Atlanta, Georgia

"We are long haul truckers with 35 years of over-the-road experience. We hired Robert J. Fleming to handle a case involving a used truck we purchased in Georgia that had many hidden (and soon to be discovered) mechanical problems. Although Rob had to take a crash course in diesel mechanics, we obtained a fair settlement from the truck dealer and actually we are now on good terms with the dealer; even after the case was settled. Robert J. Fleming was able to accomplish a feat rarely seen--settling a case where both parties stay civil to each other. It speaks volumes for his calmness and logical mind. Since then, we have asked for his advice and opinion on another matter for which we have not hired him yet. Despite our anxiousness and worry, Robert has been very patient and reassuring and, additionally, has not charged us. We would definitely hire Robert J Fleming again based on our experience."

- J&P Dube
Greenville, SC

"We have been working long distance on a case with Rob Fleming . We live in Arizona and the case is in Georgia. Being on the other side of the country, we were confident that Rob was representing us. He is a no-nonsense aggressive attorney. He kept us informed through regular emails and phone calls. We were always up to date and he personally explained all matters to us. Always willing to go the extra mile for us. We can\'t sing his praises loud enough!"Rob, we can\'t thank you enough!

Wendy and Mike L,
Phoenix, AZ

"I have worked with literally hundreds of attorneys in my careers and Robert Fleming has something that only a select few possess. Rob has the ability to argue and support points in a way that is satisfying to opposing counsel, witnesses on both sides, and jurors alike. His clients and expert witnesses are always surprised at his extensive knowledge related directly to the matter, or case at hand. If you are looking for a creative results driven attorney, with the ability of making your case proceed quickly, then Rob is the lawyer for you."

- D. Marinoni
Atlanta, Georgia

"Robert J. Fleming represented me in a medical malpractice case. Due to the doctor\'s not properly monitoring my coumadin therapy, I suffered a bleed and I lost vision in one of my eyes. Mr. Fleming tried the case before a jury in downtown Atlanta in the Fulton County Courthouse. It was such an intense experience to watch him try my case. It was a jury trial and it lasted almost two weeks. We received a multi-million dollar verdict. My husband Michael and I are so very grateful to have had Mr. Fleming representing us in the courtroom. I made a life-long friend and trusted advisor. There are so many good things to say about him. Rob is a top-notch Georgia injury lawyer: competent, thorough, remarkable, unbeatable, intelligent, personable, and easy to talk to. During the entire two week trial, Rob was prepared for every single question. He had a complete understanding of my injuries, how they occurred, the medical issues and the law. The defendants could not stump him, and believe me, they tried. He knew exactly what was going to happen and was prepared every step of the way. He changed my life."