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Experienced San Diego Breach of Contract Lawyer
Let Us Help You Recover Damages from a Broken Contract
Our San Diego contract lawyer has worked with hundreds of individuals and businesses, coming up with cost-effective and productive solutions that benefit their companies. If the other party involved in your business contract has violated their side of the agreement in some way, we are prepared to fight for you.
What Is a Breach of Contract?
A business contract is an agreement that outlines all responsibilities and duties that the parties involved are expected to uphold.
Contracts are typically used to avoid financial and other problems that can arise during the course of a business or partnership. When a party fails to uphold their end of the agreement, this is what is referred to as a breach of contract.
A breach of contract will depend on the terms set forth by the agreement, and could occur when:
- A party fails to perform their duties on time
- A party does not perform their duties in accordance with the terms set forth by the agreement
- A party does not perform their duties at all
After a contract has been breached, one or all parties involved may want to have the terms of the agreement enforced, or recover any financial harm that was caused. If the amount at issue is below a certain figure, the parties may be able to resolve the issue in small claims court.
However, going to a small claims court is not the only way that a contract dispute can be resolved. The parties can have a mediator review their dispute, or may choose to have an arbitrator review their dispute and come up with a binding decision. If attempts at alternative dispute resolutions fail, it is common for individuals to have to proceed with litigation.
Proving Breach of Contract in California
A breach of contract may seem straightforward to prove. However, there are a number of factors to consider in any contract violation case.
Generally, you must prove the following four elements exist in your contract claim:
- You have a valid, enforceable contract
- You performed your part of said contract
- The other party breached or intends to breach the contract
- Damages were incurred from that breach
There are also different types of contract breaches. These include:
- Anticipatory - When one party announces their intent to not honor their part of the contract
- Actual - When one person actively refuses to fulfill their part of the contract
- Minor - When one party fails to perform part of the contract even though the specified final result was delivered
- Material - When one party ends up with a significantly different result than what was laid out in the contract
Proving certain types of breaches in a contract lawsuit can be important to determining available remedies for damages.
What are Remedies for a Breached Contract?
When a contract is breached, the party that did not break the contract is entitled to a remedy under the law, which may include:
- Specific performance
Damages are the remedy most often sought for breach of contract and may consist of a payment made by the breaching party to the wronged party. Typically, damages are specific to the kind of breach that has occurred.
Types of damages for contract breaches and what they entail:
- Compensatory: Monetary amount intended to cover costs that the non-breaching party expects to incur.
- Liquidated: Specific damages outlined in the contract in the event that it is breached.
- Nominal: Damages awarded when a breach occurred but no actual money was lost.
- Punitive: Payments that the breaching party must make, beyond the point that would fully compensate the non-breaching party. These types of damages are intended to punish the breaching party for a particularly wrong act.
Another type of remedy is specific performance, which occurs when damages will not suffice. This is when the breaching party is given a court order to perform a specific duty required by the contract. In addition, cancellation and restitution are another form of remedy.
How The Mirkhan Law Firm Can Help
Regardless of how complicated your situation may seem or how your contract has been breached, you can be confident that our San Diego contract lawyers will do everything in our power to protect your rights and help you resolve your issues.