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 San Marcos
Breaches of contract in San Marcos are normally 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 might 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 something other than a monetary award is needed, courts in San Marcos, 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 might 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 really occurred, when and how the agreement was breached are also factors in California contract law.
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. San Marcos, California You should consult an lawyer before proceeding if you believe a contract has been violated. Disputes in contract law can turn on delicate issues of timing. An lawyer specialized in contractual breach in the San Marcos, California area may lend help in these situations.