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 party does not fulfill its duties under a contract, the contract is said to be breached. Individuals and businesses may choose not to fulfill their contracts, but sometimes it might simply be impossible to do so. What happens after a breach of contract depends on the circumstances. The party that breached the contract may be ordered to pay for the other's loss, and this sometimes makes it necessary to bring the matter to court.
What If Someone Fails to Honor Their End of the Contract in California
When one party breaches a contract in California, they will normally pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Disagreements not resolved privately may be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can't Fulfill a Contract?
If a monetary award will not resolve the issue, courts in California, 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. Breaches of contract sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract really occurred is considered by courts. How and why the contract duties went unmet are also factors in California law.
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How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how California law may impact your case when fulfilling a contract becomes impossible. California, California If you believe a contract has been or may be violated, you should consult with an attorney before proceeding. Contracts disputes almost always involve delicate issues of timing. A California,