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 San Juan Capistrano
Breaches of contract in San Juan Capistrano are typically handled by the party who breached paying the other party monetary damages. The exact amount of damage awards, however, is often a matter of disagreement. Courts may be used to resolve disagreements that the parties cannot negotiate privately. In the course of the case, the courts will require that the initial complaint state the amount of damages suffered.
What If I Can
If a money award will not help, courts in San Juan Capistrano, may also be authorized to issue an injunction, or in other words, require the other party to do what it agreed to do. It is important to consider your concerns carefully, and once they are determined, they must be properly voiced in order for the court to correct the situation properly. Wrong doing is not always present when a contract is breached. Courts therefore consider more than simply whether a breach of contract truly 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. San Juan Capistrano, California When contracts are violated, the affected parties should contact an Attorney. Delicate questions of timing can often be conclusive in contract disputes. An Attorney practicing in contract law in the San Juan Capistrano, California area will know how to best proceed.