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 exclusively 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 may simply be unrealistic to do so. What happens after a breach of contract depends on the circumstances. The party that breached the contract might 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 Corte Madera
When one party breaches a contract in Corte Madera, they will typically pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Courts might 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?
Occassionally a monetary award will not help, and in such cases courts in Corte Madera, California might grant injunctions that require the party at fault to perform its obligations. You should consider whether this kind of remedy suits your situation, and if it does, the concern must be plead properly to the court so that it can consider the question. A breach of contract does not always mean that someone did something wrong. Courts consider more then the question of whether a breach of contract truly occurred, but also California law looks to how and why the obligation went unfulfilled.
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How Can an Attorney Help?
It is typically 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 might 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 might impact your case in a unique way. Corte Madera, California You should consult an lawyer before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An lawyer specialized in contractual breach in the Corte Madera, California area may lend help in these situations.