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 impractical 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 Hermosa Beach
A breach of contract in Hermosa Beach can lead to the party who did not fulfill its end paying the other party for the damage that resulted. However, there can be contention in court as to the exact amount of the award. 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
If a monetary award will not resolve the issue, courts in Hermosa Beach, California may choose to grant an injunction, which is an order for the other party to do what it had agreed. Once your concerns are determined, a court will require you to properly voice them in court so that it may grant a suitable remedy. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract actually occurred. In California law, how and why the contract duties went unfulfilled are also factors.
How Can an Attorney Help?
A party must proceed carefully in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract may be taken as wrong doing if care is not used. Awareness of California law in this area becomes important under these circumstances. Hermosa Beach, California If you believe a contract has been or may be violated, you should consult with an attorney before proceeding. Contracts disputes almost always involve delicate issues of timing. A Hermosa Beach, attorney specializing in contractual breach can lend help when things go wrong.