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 Folsom
A breach of contract in Folsom 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. The matter may be taken to court if disagreements of this form are not resolved privately. If this happens, the court will require you to state in the initial complaint the amount of damages you feel you need to redress the wrong.
What If I Can't Fulfill a Contract?
If money cannot redress the harm suffered, courts in Folsom,California may 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. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract truly occurred. In California law, how and why the contract duties went unfulfilled are also factors.
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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. Folsom, 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 Folsom, California area will know how to best proceed.