Breach of Contract Cease and Desist Letter

Breach of Contract Cease and Desist Letter

First of all, let’s go over what a breach of contract cease and desist letter is not. A breach of contract cease and desist letter is not a document that signals a lawsuit. What it is, is a warning to the recipient. If the recipient of the letter does not stop their behavior, then this could lead to legal proceedings against them.

While there are many reasons to send a cease and desist letter, such as harassment, a breach of contract cease and desist letter pertains to a contract violation. This means that one party purposefully broke with a certain term or terms of a contract, thereby breaching the contract.

In effect, a breach of contract cease and desist letter is used to ensure that an individual is warned against messing with your contractual rights. A great example of contracts and breaching of contracts involves the Disney Corporation. Before the Disney corporation formalizes a hire, the new hire must sign a contract. If the contract is with an actor and states that the actor cannot swear in public, and the actor does, then they have performed a breach of contract.

Breach of Contract Cease and Desist Letter (Word Template)

Breach of Contract Cease and Desist Letter

The following is a sample format for a cease and desist letter, should you decide to write your own. Keep in mind that while this sample is brief, your letter might not be. Each case is different, and will have different specifics to address. Take this sample letter, and build upon it. Again, once written, it's a good idea to seek legal counsel. Let the lawyer address the letter, make improvements and send it from his office signed and dated.

Download: Microsoft Word (.docx)

    How to Write a Breach of Contract Cease and Desist Letter

    When it comes down to writing a cease and desist letter, remember it’s a warning, not a legal document. As such, you can relax a bit regarding structure while putting all your concentration into identifying and explaining the reasons for the letter. As stated throughout this article, while it’s not necessary to seek legal counsel, it is to your benefit to do so.

    The first paragraph of the letter should specifically state the reason for the letter. Your language should be direct, clear, and to the point. Do not leave room for the recipient to make assumptions. Do not use indirect language. It’s best if you obtain a copy of the contract, so you can specifically call out what sections of the contract have been violated. It’s important that the language you use be easy to read and understand.

    The second section should reinforce the reason(s) mentioned in the first paragraph. In other words, you’re backing up the violation of the contract with specific details. This means you need to state dates, include photographs, an eyewitness statement–whatever evidence you have that backs up their act of breaching the contract.

    The next section should state your legal rights in the matter. Here, you state that you are aware of the legalities of the situation. State that you are willing to take legal action against them if they do not cease and desist. If you are not aware of your legal rights in this matter, do some research. Better yet, schedule an appointment with a lawyer and have them go over your options with you.

    The final section is where you tell the recipient what they must do in order to correct the situation before legal action is to be taken. When you do this, be sure to give the recipient a timeframe. After which you are to reinforce the statement that if they do not cease and desist the offending action, you will take legal action against them.

    How to Send a Breach of Contract Cease and Desist Letter

    As a cease and desist letter is not a legal document, there is no specific rule to follow when sending it to the recipient. It depends on the situation. For instance, did you compose the letter or did your lawyer? If your lawyer composed the letter, then they will send it to the recipient. In other words, it depends on your personal case. Either way, get proof that you sent the letter by sending it as certified mail.

    Breach of Contract Cease and Desist Letter

    Dear {Name of Contract Violator},

    This letter is in regards to your act of violating our contract, {Name of Contract} on {Date of Violation}. Know that we take such violations seriously, as they affect our company directly. The contract in questions was signed by you, {Name of Contract Violator} on {Date Signed}

    On {Date of Violation} it was made known to us that you contacted one of our competitors regarding one of our products in development. This is a definitive breach of contract and will be addressed immediately, as it could cause serious damage to our company.

    Know that this breach of contract, cease and desist letter is a warning. If you refuse to, or ignore this letter, we will confer with our legal department and begin proceedings immediately. You have 30 days from the date of this letter to comply. If not a lawsuit against you will be initiated.



    Frequently Asked Questions

    What happens if you ignore a Breach of Contract Cease and Desist Letter?

    As previously stated, a cease and desist letter is not legally binding. Instead, it’s a warning to the recipient to halt any illegal actions directed at the recipient. Since it’s not legal, you may think it can be ignored. So, lets take a look and see what happens when you ignore a cease and desist letter.

    First, you’ll get more letters. simple as that. No matter how many letters they send, you are not obliged by law to give a response. Just remember that ignoring the letters could lead to legal action against you. This means that the sender could set up a lawsuit against you. This means that you’ll receive a summons and complaint next, and you are responsible to respond to the summons. Not only that, but the sender could place you on a temporary restraining order.

    Can anyone write a BOC cease and desist letter?

    Yes, anyone who is suffering from harassment of any sort, such as character assassination, stalking, and so on can compose a cease and desist letter. The letter serves to give the recipient or organization time to stop what they are doing, or legal action may follow.

    How much does a BOC cease and desist letter cost?

    If the individual being subjected to harassment composes the cease and desist letter, then there is no cost. However, it is ill advised to do so. Instead, it is advised to have a lawyer compose the letter. The cost then, would be determined by how much that lawyer charged. Some lawyers will go as low as $50.00, while others can charge as much as $1,200.

    Final Thoughts

    While cease and desist letters can be written or a variety of reasons, a breach of contract cease and desist letter serves only one purpose: To warn an individual or organization against a violation with a contract. Though not a legal document, it is strongly advised that an individual consult a lawyer to ensure that they’ll get the best results possible. Having the letter composed, signed and dated by a lawyer shows the recipient that you mean business, and will take legal action if the situation is not rectified to your liking. If you are intent on composing it yourself, then do the proper research beforehand. When you are ready to send the letter, please use certified mail with a return receipt. This offers proof positive that you did indeed write and send the letter.