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 impossible to do so. The circumstances for a breach of contract determine what will happen as a result. Sometimes the party that breached might 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 Milpitas
When one party breaches a contract in Milpitas, they will normally pay the other party for the damage that resulted. However, there is often disagreement as to the exact amount. Disagreements might be taken to court if they are not resolved privately. When taking the matter before a courts, procedure will typically require you to plead the amount of the damage award you seek in the initial complaint.
What If I Can
Occassionally a monetary award will not help, and in such cases courts in Milpitas, California might 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 really 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 a party intends to violate a contractual agreement, it must proceed cautiously in making its intention known to the other party. If voiced improperly, statements of intent to breach a contract might be taken as wrong doing. When fulfilling a contract becomes impractical, it is important to be aware of the unique ways that California law may impact your case. Milpitas, California When contracts are violated, the affected parties should contact an lawyer. Delicate questions of timing can often be conclusive in contract disputes. An lawyer practicing in contract law in the Milpitas, California area will know how to best proceed.