Solutions for a Breach of Contract in the State of California
If you have reason to believe that the contract you have entered into has been violated, a business litigation lawyer can inform you on possible resolutions, including filing a claim against the breaching party. A skilled litigator can guide you through available legal options. Depending on the specifics of your case, a lawsuit may provide you with significant damages, including monetary damages in the form of loss of income, loss of real or personal property, and attorney fees. The solutions available to you will depend on many factors of the case; therefore, it is crucial that you seek the advice of an experienced litigator.
Background: Understanding the Elements Needed for a Breach of Contract
Before highlighting potential solutions for a breach of contract, it is important to know what constitutes a breach of contract. Understanding what elements are required for a breach of contract to occur can help you identify whether you have a potential lawsuit.
A legal contract is an agreement between two or more parties which creates obligations that are enforceable or otherwise recognizable by the law. Both parties will establish an agreement with regard to specific responsibilities and/or obligations under the contract. By having a legal contract, both parties can mutually expect that all parties will in good faith fulfill their obligations under the contract. When there is a breach of contract, at least one of the parties has failed to fulfill their legal duty under the contract.
It is worth noting that the State of California Civil Code and case law govern the aspects of contract law, including what is considered a contract, what is considered a breach of contract, any and all defenses and available remedies. California civil codes and case law are subject to change and it is vital to seek the trusted support of an experienced attorney to properly litigate a breach of contract claim or defend against a breach of contract claim. Contract law in the State of California can often be ambiguous and complicated. A well-experienced attorney will understand how to correctly apply the law to assure the greatest possible result.
Breach of Contract: Potential Remedies
When a breach of contract has occurred, the breach can give rise to potential remedies and damages for the non-breaching party. Below is a short list of the possible remedies available for a breach of contract claim:
Monetary Damages
The non-breaching party may receive monetary compensation for the damages they incurred as a result of the breach. In this circumstance, the breaching party will be held accountable for any losses that were caused by the violation of the agreement.
Specific Performance
In certain situations, the best remedy sometimes requires the breaching party to fulfill his or her obligations under the contract or agreement which is called Specific Performance. Specific performance remedies are suitable for cases where monetary damages cannot completely compensate the non-breaching party. It is important to seek an experienced attorney to assess the possibility of receiving Specific Performance.
Rescission
Rescission will allow non-breaching parties the legal right to be released from the binding agreement or contract. It is important to seek an experienced attorney to assess the possibility of receiving a rescission of the contract or agreement.
Liquidation Damages
Depending on the type of contract, it can often be difficult to determine the damages caused by a breach. In effort to offer a solution to this issue, many contracts will contain a liquidated damage clause. This clause will award the non-breaching party a predetermined amount of monetary compensation in the event a breach has occurred. In some cases, these provisions are unenforceable, therefore, it is important to seek an experienced attorney to assess these damages.
The Bottom Line: Seek Legal Support
A breach of contract can present various remedies that will depend on the specifics of each case. If you have reason to believe that the contract you have entered into has been violated, seek the legal advice of an experienced attorney.
The attorneys at the Knez Law Group are highly experienced in the field of contract law. They are dedicated to ensuring that their clients obtain the best potential remedy for their given situation. Contract law in the State of California can be highly complex; seek the legal guidance of a well-practiced litigator.
For over forty-three years, Fred Knez has been representing individuals and corporations in serious personal injury and business litigation, both as a plaintiff and defendant. Following his service in the Army during the Vietnam War as a medic and medical laboratory technician, Fred attended the University of Colorado. He then worked as an insurance adjuster for Allstate Insurance and as a private investigator before graduating from law school. Fred was admitted to practice law in California in 1980, the U.S. District Court in 1981, the Ninth Circuit U.S. Court of Appeals in 1983, and the U.S. Supreme Court in 1984. Learn more here.