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 impossible 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 Half Moon Bay
A breach of contract in Half Moon Bay 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. Courts may 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?
If something other than a monetary award is needed, courts in Half Moon Bay, 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. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract really occurred. In California law, how and why the contract duties went unfulfilled are also factors.
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How Can an Attorney Help?
It is normally 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 may 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 may impact your case in a unique way. Half Moon Bay, California You should consult an attorney before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An attorney specialized in contractual breach in the Half Moon Bay, California area can lend help in these situations.