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 impossible 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 Davis
A breach of contract in Davis usually 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. If this disagreement cannot be resolved, the matter may be taken to court. Courts typically require you to plead the amount of damages you suffered in the initial complaint.
What If I Can
If something other than a monetary award is needed, courts in Davis, 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 might 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.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of California law in this area becomes important under these circumstances. Davis, California If you believe a contract has been or may be violated, you should consult with an lawyer before proceeding. Contracts disputes almost always involve delicate issues of timing. A Davis, lawyer specializing in contractual breach may lend help when things go wrong.