California Breach of Contract

What Is A Breach Of Contract In California?

A contract is a lawful agreement made between two different parties. A contract also sets up duties for both parties to satisfy. Therefore, each individual involved in the contract is required to fulfill their obligations and expect the other party to do the same. This situation is where the expression “living up to your end of the bargain” originates.

Most contracts proceed without a hitch because both parties are interested in fulfilling their duties to get what they want. Unfortunately, one party is sometimes compelled to violate the contract they initially agreed upon. There are a variety of reasons that individuals breach contracts, and not all of them are nefarious in nature. However, contract violations result in numerous problems for both parties and must be dealt with promptly.

For example, if a plumber signs a contract with a homeowner to fix a plumbing problem in their bathroom, both parties agree to the terms. The plumber will provide labor and expertise, and follow through on solving the problem with the pipes and the toilet. The homeowner will pay the plumber an agreed-upon amount after the worker finishes the job; sometimes, the homeowner pays a deposit initially.

However, if the plumber fails or forgets to fix the leak, this negligent action creates problems. For one, the homeowner and their family must deal with a bathroom leak that was supposed to be fixed. Plus, the homeowner will probably refuse to pay the plumber, so the plumber will lose out on some of their income.

The question then arises: what does the innocent or violated party do in this situation? When a breach of contract occurs, what is the best course of action?

There are many available legal solutions for breaches of contract in California, and many of these remedies depend on the nature of the breach.

For example, an attorney will certainly ask early in the process whether the breach is minor or material. Or, the lawyer may discern this right from the start, after speaking with the client.

The difference between material breaches and minor violations rests in the severity of the offense. Many consider minor breaches relatively insignificant, and sometimes the decision entails continuing the contract. However, major breaches are graver in nature and often there is no way for the parties to return to the contract after major breaches occur.

When a breach of contract in California occurs, contact a trusted attorney at once for legal counsel.

What Elements Must a Breach of Contract Contain?

When one individual or entity refuses to satisfy the legal duty they agreed to, they violate their contract. Contract breaches are relatively common, but that does not make them any less damaging or difficult to deal with.

For example, let’s say that one person wants to sell their car. They place an ad online and find a buyer. Together, the seller and the buyer draw up a contract and both parties sign it.

However, when the buyer arrives to pick up the car, the seller refuses to sell the car. Perhaps the seller sold it to someone else, or perhaps he wants to keep it. The reason does not matter because the fact is that the seller violated the contract when refusing to agree to the terms of the contract he signed and sold the car.

A violation occurs when one party fails to perform the terms of a contract. When parties sign an agreement, they become bound to satisfy the terms of the agreement and, therefore, the contract. Sometimes, one person may contest that they “did not read the contract” or “did not read the agreement thoroughly,” but that argument will never stand up in court.

If one party fails to perform and satisfy the contract, the innocent party can take legal action and bring the other party to court in California. When the violated party contacts an attorney and takes the other party to court, they typically do so to collect damages in some form or another.

However, to find someone culpable for a breach of contract, the innocent party must be able to prove certain specific facts. To hold someone responsible for a contract violation, the individual and their legal counsel must be able to prove that:

• A valid lawful contract existed
• The innocent party did their part to satisfy their respective contract requirements
• The offending party did not fulfill their obligations
• The violating party’s failure to satisfy the contract terms created damages

What Solutions Exist for a Breach Of Contract?

When one party violates a contract, the innocent party has options through which to seek a remedy. These include:

• The violated party can decide not to perform their contractual duties. For example, if the electrician decides not to fulfill the contract and fix the lights, the homeowner can decide not to pay the bill.
• The innocent party can file a lawsuit to recover damages. Through legal action, the non-breaching party may be able to prove losses and recoup the money, sometimes more than they spent in the first place. For example, if one party can prove that they also lost valuable working time, could have sold the item to someone else, or had the work done by someone else.
• The non-breaching party can sue not for damages but to force the other party to satisfy their obligations. For example, a car buyer could sue the owner who signed the sales contract to obtain the car.

When Should You Contact an Experienced Attorney?

At Nakase Wade, we understand that breaches of contract cause frustration and consternation. We also understand that some contract violations force innocent parties to lose valuable time, resources, and even money.

Our California business lawyers and corporate attorneys are here to help. Since contract violation solutions depend on the nature of the breach, we will recommend specific actions based on what happened. Our goal is to protect our clients, and our attorneys act quickly and decisively to protect your interests and remedy the situation.

It can be difficult to deal with contract violations, but our experienced team can make it easier. For a free consultation, contact Nakase Wade today.