What is Breach of Contract?
A contract is an agreement offered by one party and accepted by another. Contracts are almost always written documents in California, but it is not impossible to have an entirely oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties sometimes choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impossible to do so. What happens after a breach of contract depends on the situation. Usually, the party who breached the contract is liable for damages the breach caused, and bringing the matter to court is sometimes needed to resolve this issue.
What If Someone Fails to Honor Their End of the Contract in Arcata
A breach of contract in Arcata typically entitles the party who fulfilled its end to recover monetary damages from the party that did not. The exact amount of these damage awards, however, is usually a subject of contention in court. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can't Fulfill a Contract?
If a monetary award will not resolve the issue, courts in Arcata, California may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract actually occurred, when and how the agreement was breached are also factors in California contract law.
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How Can an Attorney Help?
A party must proceed carefully in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract may be taken as wrong doing if care is not used. Awareness of California law in this area becomes important under these circumstances. Arcata, California You should consult an attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An attorney specialized in contractual breach in the Arcata, California area can lend help in these situations.