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 exclusively oral contract. When a contract is not fulfilled by one or more parties, there is a Breach of Contract. Parties occasionally choose not to fulfill their contractual obligations, and sometimes during the course of business, it can be impractical to do so. What happens after a breach of contract depends on the situation. Normally, 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 Atherton
A breach of contract in Atherton usually 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 might be taken to court if disagreements of this type 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
If a monetary award will not resolve the issue, courts in Atherton, California might 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. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract really occurred. In California law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of California law in this area becomes important under these circumstances. Atherton, California If you believe a contract has been or may be violated, you should consult with an lawyer before proceeding. Contracts disputes almost always involve delicate issues of timing. An Atherton, lawyer specializing in contractual breach may lend help when things go wrong.