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 Clayton
When one party breaches a contract in Clayton, they will normally pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Courts may be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can't Fulfill a Contract?
If something other than a monetary award is needed, courts in Clayton, California are authorized to grant injunctions, ordering the party at fault do what it agreed. If you seek this kind of remedy, your concerns must be properly voiced to the court so that it may consider how to correct the situation. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract really occurred; how and why the obligation went unfulfilled are also factors in California law.
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How Can an Attorney Help?
It is normally best for a party intending to violate an agreement to make its intention known to the other party, but extreme care must be used. Otherwise, communications may be taken as admissions of wrong doing. When a party finds itself unable to complete a contract, it is important to be aware of local California law, since it may impact your case in a unique way. Clayton, California Since contractual disputes often turn on questions of timing, you should consult an attorney as soon as you suspect that a contract has been violated. Many attorneys in the Clayton, California area have specialized in contract law.