California business contracts hold signatories liable to each other. This ensures that parties fulfill their part of the agreement and reduce potential conflicts and losses. This also means that contracts can be used to penalize or put the liability on the party that violates it.
That said, how do you go forward with a breach of contract claim in California? What do you need to file a case? Let's look at how that works, as experienced by our prescreened California business law attorneys:
What Goes Into Breach Of Contract Claims In Los Angeles?
When one party to an agreement breaches one of their obligations outlined in that agreement, a contract breach occurs. A few examples include:
- Violating the established terms of service
- A tenant or client doesn't pay on time
- A supplier doesn't fulfill the agreed amount of goods
That said, the "breach" depends on what contract clauses are violated. In general, if someone doesn't deliver on what they promised in your agreement, they have just committed a breach of contract in California.
How Can I Sue For Breach Of Contract In California?
Suing someone for breach of contract is not always straightforward, and you must first fulfill several legal obstacles to establishing a breach of contract:
1. A Contract Exists
The first step in showing a violation of a contract is to establish the existence of an actual, enforceable contract. At this point, verbal agreements can cause issues when a breach of contract claim is made. It is difficult to establish an agreement's existence conclusively without written documentation.
Letters and emails can be helpful evidence for proving the existence of a contract. It is always vital to ensure that any deal you enter into is recorded in writing, where practical, to safeguard your rights and interests.
So, consult with a Los Angeles business litigation lawyer before going forward with an agreement.
2. Indicate The Breach
The next challenge is to prove that an agreement has been breached and the party in breach failed to fulfill their commitments adequately after you have established that a legally enforceable contract existed.
The other parties' obligations under the agreement must be clearly demonstrated. It must also be shown that such commitments were not performed or not performed well.
Remember, contracts must be highly detailed to ensure nothing's been overlooked. This means multiple clauses can be breached, so you must identify each one. You should consult a business litigation lawyer in Los Angeles to make sure you have a strong claim.
3. The Breach Resulted In A Loss
The third and final obstacle to establishing a breach of contract is likely the most important and challenging to clear.
As the aggrieved party, you must demonstrate that the breach caused you to suffer a loss and that you are entitled to compensation. Any loss you have experienced must be an immediate result of the contract violation.
What Are The Possible Legal Consequences Of Breach Of Contract In Los Angeles?
If you successfully overcome the obstacles mentioned above, you may be entitled to financial compensation for the breach of contract. The goal of a damage award is often to put the damaged party in the same situation they would have been in if the contract hadn't been broken.
Following a breach of contract, the Court may sometimes deem it appropriate to grant additional alternative remedies. For instance, the Court can order an injunction requiring the party in breach to make good on their contractual obligations or desist from doing any more harm.
On the other hand, a specific performance order would require the party in breach to carry out a particular contract provision they had previously neglected to fulfill.
Get A Referral To The Best Business Law Attorney In California
Need an experienced and trusted Los Angeles Business Lawyer? 1000Attorneys can refer you to a prescreened lawyer that's fit to handle your current legal concerns. Fill out our inquiry form or contact us through our 24/7 live chat to get started.
0 Comments