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 Desert Hot Springs
A breach of contract in Desert Hot Springs normally 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 usually require you to plead the amount of damages you suffered in the initial complaint.
What If I Can't Fulfill a Contract?
If something other than a monetary award is needed, courts in Desert Hot Springs, 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 sometimes involve no wrong doing by the breaching party. Therefore, more than the question of whether a breach of contract truly 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 a party intends to violate a contractual agreement, it must proceed carefully in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract may be taken as wrong doing. When fulfilling a contract becomes unrealistic, it is important to be aware of the unique ways that California law may impact your case. Desert Hot Springs, California When contracts are violated, the affected parties should contact an attorney. Delicate questions of timing can often be conclusive in contract disputes. An attorney practicing in contract law in the Desert Hot Springs, California area will know how to best proceed.