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 unrealistic to do so. What happens after a breach of contract depends on the situation. Typically, 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 Bakersfield
A breach of contract in Bakersfield normally 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
If money cannot redress the harm suffered, courts in Bakersfield,California may grant injunctions, which are orders for the party at fault to do what it agreed. If your concerns seem to fit this remedy, you must voice the complaint to the court properly so that it can consider the issue. 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 truly occurred, when and how the agreement was breached are also factors in California contract law.
How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may be taken as wrong doing. When fulfilling a contract becomes unrealistic, it is important to be aware of the unique ways that California law may impact your case. Bakersfield, California When contracts are violated, the affected parties should contact an attorney. Delicate questions of timing can often be conclusive in contract disputes. An attorney practicing in contract law in the Bakersfield, California area will know how to best proceed.