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 unrealistic 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 Carlsbad
When one party breaches a contract in Carlsbad, they will typically 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 money cannot redress the harm suffered, courts in Carlsbad,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.
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How Can an Attorney Help?
When violation of a contract duty is unavoidable, the affected party must make its intention known to the other party in the proper way. Statements of intent to violate a contract may be taken as wrong doing in certain contexts. California law may impact your case when keeping a contract becomes unrealistic. Carlsbad, California Disputes in contract law can involve complex questions of timing, and so you should consult an attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Carlsbad, California area can advise you about how best to proceed.