Breach of Contract Lawyer in Los Angeles

Contracts are a common occurrence in the everyday lives of most Americans. Contracts are formed to purchase and sell goods, real estate, and services of all kinds. When one party to a contract fails to perform their obligations as agreed, a breach has occurred and the other party deserves compensation. If you are an individual or business owner and you have suffered damages because of a breach of contract, you should contact an experienced attorney as soon as possible. At The Trial Law Offices of Bradley I. Kramer, M.D., Esq., our attorneys can help you recover the compensation you deserve. If you or your company has been accused of breaching a contract, we will take steps to help you reduce your liability.

How is a Contract Formed?

Two or more parties can enter into a binding contract in a number of ways. Contracts can be written, oral, or implied:

• Written Contracts: If the contract is in writing, the terms of the contract usually define the damages available when there is a breach.
• Oral Contracts: In an oral agreement, each party’s statements become very significant in determining whether a contract was formed or not.
• Implied Contracts: A contract can arise from the conduct of the parties, without express words of agreement.

There are also certain elements that have to exist in order for a contract to be binding. The minimum requirements of a contract include:

• An agreement between two or more people (known as an offer and an acceptance of the offer).
• Support of the agreement with consideration. This refers to promising to do something that you are not obligated to do or refraining from doing something that you have a legal right to do. Consideration must be mutual. For example, giving or receiving a gift does not qualify as a valid contract.
• Intention by both parties to be bound by the contract. Both parties must have the mental capacity to understand that they are executing a binding contract.
• The contract must be for legal purposes.

When Is A Contract Breached?

If one party to a contract fails to perform their obligations as agreed, a breach of contract occurs and that party is said to be in “non-performance.” Although some contract breaches can be simple matters, things become more complex when the case turns on issues such as the quality of materials that are the subject of the contract, performance of services, or timely completion of a contract. In order for the non-breaching party to claim damages, he or she must have performed the obligations required of him or her under the contract or have a valid legal excuse for non-performance. In a claim for breach of contract, the following four elements must be shown:

• Existence of a valid contract (written, oral, or implied);
• Evidence of plaintiff’s performance of his or her obligation or excuse for non-performance;
• Evidence of defendant’s breach; and
• Evidence of damage to the plaintiff.

What Damages are Recoverable?

The general rule is that the injured party is entitled to recover the benefits that he or she would have received if the contract had been performed. There are several types of contract remedies available if a contract is breached, including:

• Compensatory damages, which compensate the plaintiff financially for the economic loss caused by the breached contract.
• Specific performance, which is a court order to the breaching party to perform his or her obligations under the contract. This remedy is usually available when the contract involves some kind of unique property or other benefits or where money damages are not sufficient. For example, specific performance often applies to the sale of real estate because every piece of property is considered unique.
• Consequential damages, which are those damages caused indirectly by a breached contract.
• Liquidated damages, which are damages that are specified in the written contract and act as an incentive not to break the agreement. These damages must not be too extreme because the court may view them as a punishment, which is unenforceable.
• Attorneys fees and legal costs, which are recoverable if the contract provided for them.
• Punitive damages, which are meant to punish the person who breaches the contract. This type of damage is almost never awarded in a contract claim.

California Breach Of Contract Attorney

The Trial Law Offices of Bradley I. Kramer, M.D., Esq., can provide you with legal assistance in drafting and negotiating contracts and our attorneys have significant experience in representing clients in breach of contract cases. If you are a party to a contract and need any kind of legal help, call us today.