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 unrealistic 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 Santa Cruz
Breaches of contract in Santa Cruz 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 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
Occassionally a monetary award will not help, and in such cases courts in Santa Cruz, 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. 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 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 unrealistic, it is important to be aware of the unique ways that California law may impact your case. Santa Cruz, 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 Santa Cruz, California area will know how to best proceed.