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 Larkspur
A breach of contract in Larkspur 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. 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
Sometimes a monetary award will not help, and in such cases courts in Larkspur, California may grant injunctions that require the party at fault to perform its obligations. You should consider whether this kind of remedy suits your situation, and if it does, the concern must be plead properly to the court so that it can consider the question. 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.
How Can an Attorney Help?
If intending to breach a contract, a party must proceed carefully in letting the other party know. Statements of intent to breach a contract may be taken as wrong doing if they are voiced improperly. It is important to be aware of how California law may impact your case when fulfilling a contract becomes unrealistic. Larkspur, 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 Larkspur, California area can lend help in these situations.