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 impractical 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 Duarte
A breach of contract in Duarte typically 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 generally require you to plead the amount of damages you suffered in the initial complaint.
What If I Can't Fulfill a Contract?
If money cannot redress the harm suffered, courts in Duarte,California might 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. A breach of contract does not necessarily mean that someone did something wrong. Courts consider more then the question of whether a breach of contract actually occurred, but also California law looks to how and why the obligation went unfulfilled.
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How Can an Attorney Help?
If a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impossible, it is important to be aware of the unique ways that California law may impact your case. Duarte, California Disputes in contract law can involve complex questions of timing, and so you should consult an lawyer as soon as you suspect that a contract has been violated. Lawyers specializing in contractual breach in the Duarte, California area may advise you about how best to proceed.