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. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached may be ordered to pay the other for damages, and bringing the case to court can achieve an order of this kind.
What If Someone Fails to Honor Their End of the Contract in Martinez
When one party breaches a contract in Martinez, they will typically pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Disagreements may be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will usually require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
If something other than a monetary award is needed, courts in Martinez, 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. Not every breach of contract involves someone doing something wrong. Courts recognize this, and aside from the question of whether a violation of a contract truly occurred, when and how the agreement was breached are also factors in California contract law.
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. Martinez, California Disputes in contract law can involve complex questions of timing, and so you should consult an attorney as soon as you suspect that a contract has been violated. Attorneys specializing in contractual breach in the Martinez, California area can advise you about how best to proceed.