A Cease And Desist Breach Of Contract letter is typically used when one party has identified a clear violation of contractual terms and wishes to formally address the situation before pursuing litigation. Under English and Welsh law, this document serves as an important step in the dispute resolution process, demonstrating reasonable attempts to resolve the matter and compliance with pre-action protocols. The letter should clearly identify the contract, detail the breach, demand specific remedial action, and set clear timelines for compliance. It often forms part of the documentary evidence should the matter proceed to court.
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1. Recipient Details: Full name and address of the party in breach
2. Contract Reference: Details of the original contract including date and parties
3. Breach Description: Specific details of how the contract has been breached, including relevant contract clauses and nature of the breach
4. Demand to Cease: Clear statement demanding the immediate cessation of breaching activities
5. Timeline for Compliance: Specific deadline for the recipient to comply with the cease and desist demand
6. Legal Consequences: Statement of potential legal action if compliance is not achieved, including reference to relevant legislation
1. Previous Communications: Reference to prior attempts to resolve the issue and any relevant correspondence
2. Damage Assessment: Details of financial or other losses incurred due to the breach
3. Without Prejudice Section: Settlement proposals or compromise terms, marked as 'Without Prejudice'
1. Schedule 1 - Original Contract: Copy of the original contract being breached
2. Schedule 2 - Evidence of Breach: Documentation, photographs, or other evidence proving the breach
3. Schedule 3 - Previous Correspondence: Copies of all relevant prior communications regarding the breach
4. Schedule 4 - Legislation References: List of relevant legislation and legal principles being relied upon
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