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 impossible 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 Mateo
Breaches of contract in San Mateo 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 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 something other than a monetary award is needed, courts in San Mateo, 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. Breaches of contract do not always indicate wrong doing. Therefore, courts do not only consider whether a breach of contract really occurred; how and why the obligation went unfulfilled are also factors in California law.
How Can an Attorney Help?
It is normally best for a party intending to violate an agreement to make its intention known to the other party, but extreme care must be used. Otherwise, communications may be taken as admissions of wrong doing. When a party finds itself unable to complete a contract, it is important to be aware of local California law, since it may impact your case in an unique way. San Mateo, 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 Mateo, California area will know how to best proceed.