Breach of Contract Attorneys Serving Los Angeles, California
Breach of Contract Attorneys Serving Los Angeles, California
Contracts are integral parts of doing business that enable companies to function effectively. They are legal agreements that define the terms of service between two or more parties. When one of the parties fails to meet their obligations as stipulated in the contract, it is considered a breach of contract. This can be a serious issue for business owners as it can lead to significant disruption to business operations, financial and legal troubles, and potential lawsuits.
If you are a business owner dealing with a contract dispute in Los Angeles or the surrounding areas in California, contact Lerner & Weiss to get help. Our breach of contract attorneys in Los Angeles, California, help clients protect their businesses and develop plans to effectively resolve contract issues.
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Breach of Contract in California
A breach of contract occurs when one party fails to honor their obligations under the terms of an agreement. This means that they fail to perform as stated in the contract or they do something that they were explicitly prohibited from doing. When a breach of contract happens, it can cause significant harm to the other party or parties involved in the agreement.
There are four primary types of breaches of contract:
- An anticipatory breach happens when one party notifies the other party that they will not be able to fulfill their duties according to the contract, often for reasons like not having the resources to perform.
- An actual breach occurs when one party fails to adhere to the terms of the contract after entering the agreement.
- A material breach is a serious violation of the contract, where the offending party substantially fails to meet their obligations according to the contract, which can lead to significant harm to the other parties involved.
- A minor breach refers to a minor violation of the contract, where the offending party only partially fails to meet their contractual obligations.
In summary, a breach of contract can have far-reaching consequences for businesses. As a business owner, you should understand what constitutes a breach of contract and what your legal options are to resolve a contract dispute with minimum damage and disruption to your business.
Elements of Breach of Contract Claim
As mentioned earlier, a breach of contract occurs when one party fails to perform its contractual obligations as agreed upon in the contract. However, to prevail on a breach of contract claim, an individual or business must establish the following elements:
- The existence of a valid contract that outlines the terms of the agreement between the parties;
- The plaintiff fulfilled their obligations under the contract;
- The defendant breached the contract by failing to perform their obligations; and
- The plaintiff suffered damages as a result of the breach of contract.
Our breach of contract attorneys in Los Angeles, California, can evaluate the facts of your contract dispute and explain the legal remedies available to you if you have a valid claim.
What Is Anticipatory Repudiation?
Anticipatory repudiation is a legal doctrine that allows a party to treat a contract as breached before the actual breach occurs. When one party repudiates a contract, they are essentially indicating that they will not fulfill their contractual obligations. The other party can then treat the contract as terminated and pursue remedies for breach of contract.
Damages Available
There are several types of damages that may be available to a party who has suffered a breach of contract:
- Compensatory damages. These damages are designed to compensate the plaintiff for the actual loss suffered due to the breach. It includes direct damages such as financial losses, expenses incurred, and non-monetary losses like loss of use or reputation.
- Ordinary damages, also referred to as general damages, are available when direct damages are hard to ascertain, such as in a situation where the damages arising from the breach were indirect or not quantifiable.
- Punitive damages are awarded to punish the other party for malicious conduct, fraud, or intentional wrongdoing.
- Nominal damages are minimal damages awarded when the plaintiff has not suffered substantial losses from the breach of contract.
- Liquidated damages are predetermined damages specified in the contract in the event of a breach of a specified term.
- Restitution. In breach of contract cases, restitution is ordered to restore the plaintiff to their original position before the breach of contract occurred.
If you are considering filing a breach of contract claim against the offending party, it is essential to act quickly and start gathering evidence immediately. California law gives you a limited amount of time to sue another party for a breach. The statute of limitations for cases involving a breach of a written contract is four years from the date of the breach. If the contract was oral, you only have two years to bring a lawsuit.
How a Breach of Contract Attorney Can Help
If your business is facing a breach of contract, a business attorney who specializes in contract law can help you navigate the process. They can represent the interests of your business by reviewing your contract, identifying the nature of the breach, and assessing the best legal recourse to take.
Breach of Contract Attorneys Serving Los Angeles, California
If you are dealing with a contract dispute, you need to have a reputable business attorney on your side to guide you through the legal process and safeguard your interests. Our breach of contract attorneys in Los Angeles, California, can help you negotiate and resolve the issue efficiently or seek legal recourse when necessary to protect your business. Contact Lerner & Weiss to start the conversation today.
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