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 Los Banos
A breach of contract in Los Banos 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. Disagreements not resolved privately might be taken to court. The courts will require you in the initial complaint to state the amount of damage that you suffered because of the breach.
What If I Can
If a monetary award will not resolve the issue, courts in Los Banos, California might 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. 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.
How Can an Attorney Help?
A party must proceed cautiously in making its intentions known if a breach of contract becomes unavoidable. Statements of intent to violate a contract might be taken as wrong doing if care is not used. Awareness of California law in this area becomes important under these circumstances. Los Banos, California Since contractual disputes often turn on questions of timing, you should consult an lawyer as soon as you suspect that a contract has been violated. Many lawyers in the Los Banos, California area have specialized in contract law.