Los Angeles Breach of Contract Attorney
A breach of contract action can be filed when there are two parties to an agreement and one of those parties does not live up to its end of the bargain.
Commonly, a breach of contract happens when one party does not understand their obligations under a contract, however, there are also circumstances where a party does understand exactly what they are required to do—or not do—under the contract, but they act contrary to the contract anyway.
A contract in the most basic terms is simply an agreement between two or more parties to do or not do something. Both parties, however, must be required to do or not do something in order for a valid contract to exist. For example, one party might be required to perform services while the other party may be required to pay for those services. Contracts can be in written or oral form, and each carries with it the identical force and effect. However, proving that an oral contract exists can be much more difficult than proving a written contract exists. Also, a party who wishes to sue for a breach of a written contract has four years to file a lawsuit, whereas a party who wishes to sue for breach of an oral contract only has two years to do so. In either circumstance, contracts are expected to be honored, and to be honored within certain timeframes if such timeframes are expressed in the contract.
What are the Types of Breaches?
There can be many different kinds of contract breaches. The following are some of them:
A minor breach occurs when one meets the essential obligations of a contract, but not a minor condition which does not affect the terms. Sometimes, this is called a partial breach.
A material breach happens when one fails to perform the contract in such a manner that defeats the purpose of making the contract in the first place. This is also considered a total breach.
A fundamental breach occurs when one violates the contract terms in a manner in which the other party can terminate the contract and seek damages.
Anticipatory breaches occur when a party refuses to stick to the contract, regardless of if the deadline has passed.
What Can be Done to Fix a Breach of Contract?
When a breach of contract happens, legal action can be taken to remedy the situation. Some of these fixes include:
- Compensatory damages: a common legal remedy that awards monetary compensation to pay back what was promised in the contract
- Restitution: a payment in the amount that was initially paid
- Punitive damages: an amount of money that punishes the party that breached the contract in the event of a serious breach
- Specific performance: this requires that the party provide the goods or services that were originally promised in the contract
Contact an Experienced Los Angeles Breach of Contract Attorney
If you entered into a contract with someone else and you believe that they have not lived up to their end of the bargain, call The Trial Law Offices of Bradley I. Kramer, M.D., Esq. at 310-289-2600 to discuss your options for recovering from a breach of contract.