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Contracts & Commercial Agreements

Breach of Contract

Assessing a breach and the options — cure, renegotiate, terminate or claim — before positions harden and the file turns into litigation.

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Tell us the situation and we will tell you what we think you should do — and what it will cost.

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Who this is for

  • Parties whose counterparty has stopped performing
  • Parties accused of breach and needing a defence position
  • Businesses deciding whether termination is safe
  • Anyone watching a contractual deadline pass unmet

What we handle

Scope of work

Breach assessment against what the contract actually says

The notice-and-cure procedure, run in the right order

Termination advice — because wrongful termination is itself a breach

Quantifying damages, and reviewing penalty and liquidated-damages clauses

Settlement negotiation while the deal can still be saved

Handover to court proceedings with our Litigation & Dispute Resolution practice where needed

How it works

How we run the matter

  1. Read the contract and establish what was actually required
  2. Assess the breach, the defences and the realistic outcomes
  3. Issue the notice and cure demand the contract requires
  4. Quantify the damages with documents
  5. Negotiate — cure, revised terms or exit with compensation
  6. Escalate to proceedings with the litigation team where needed

Documents to prepare

  • The contract and every amendment to it
  • The correspondence around the breach
  • Evidence of performance and payments on both sides
  • Records of the loss — invoices, replacement costs, lost orders
  • Any notices already sent or received

Common questions

Not automatically. Suspending your own performance is lawful only in defined situations, and doing it wrongly hands the other side a breach claim against you. The sequence — notice, cure period, then remedies — exists to keep the fault on their side of the table. Follow it before you stop anything.
Losses you can prove flowed from the breach — with documents, not estimates. Where the contract fixes a penalty, note that Thai courts can reduce a penalty they consider excessive, so a realistic figure backed by evidence often recovers more than an aggressive one. We build the number before we assert it.
Usually notice and a cure period come first, unless the contract or the law allows immediate termination for that particular breach. Terminating without the required steps is the classic own goal: the innocent party becomes the breaching one. Ten minutes checking the termination clause is the cheapest insurance in this field.
Limitation periods vary widely with the type of claim — some are surprisingly short. More immediately, evidence and leverage decay faster than legal deadlines: witnesses move on, records disappear, the counterparty’s assets shift. Acting early is worth more than the longest limitation period.
Most breach files settle once the notices are properly on record and both sides can see the likely outcome and its cost. When court is the right answer, the case moves to our Litigation & Dispute Resolution practice with the groundwork — notices, evidence, quantification — already done, which is exactly what makes it strong.

Lawyers for this matter

Generation 1 Chanin Taongern

Founding Partner

Chanin Taongern

40+ years of courtroom and advisory experience

LitigationBusiness advisoryEmployment lawCivil and criminal matters
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Generation 2 Pongsanan Taongern

Partner

Pongsanan Taongern

Modern legal practice, business advisory and international client support

Corporate advisoryEmployment lawCross-border family lawInternational client servicesLegal workshops
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Official sources

The Thai authorities and legislation this work is carried out under. Requirements change; we confirm the current position for your matter.

  • Civil and Commercial Code — obligations and contracts
  • Unfair Contract Terms Act B.E. 2540 (1997)
  • Electronic Transactions Act — electronic signatures
  • Office of the Consumer Protection Board — standard-form consumer contracts

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