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San Diego Breach of Contract Attorney
When two parties enter into a contract, they are both legally bound to uphold their end of the deal. However, sometimes one party fails to live up to their obligations, resulting in a breach of contract. If you have suffered a breach of contract, you may need to seek legal advice from a lawyer specializing in contract law. They will be able to assess your case and advise you on the best course of action. Contact us today to schedule a free consultation.
WHAT IS CONSIDERED A BREACH OF CONTRACT?
A breach occurs when one party fails to perform its obligations under the contract without a legal excuse. The non-breaching party can then sue for damages (a sum of money paid to compensate for the losses suffered due to the breach).
COMMON EXAMPLES OF BREACH OF CONTRACT
There are many different ways that a contract can be breached. Some common examples include:
- Failing to perform an obligation stated in the contract
- Not completing the work by the specified deadline
- Not meeting the quality standards laid out in the contract
- Substituting inferior materials without permission
- Assigning the contract to someone else without permission
- Giving false information about your ability to perform under the contract
DOES IT MATTER WHO BREACHES A CONTRACT FIRST?
When one party fails to live up to their side of the contract, this is called a “breach.” There are two types of breaches that can occur: material and non-material. A material breach is a violation of a key term of the contract that goes to the heart of the agreement. A non-material breach is a violation of a minor term that does not affect the overall contract. If one party commits a material breach, they will likely be liable for any damages that result from the breach.
There are some exceptions. For example, if the breaching party can prove that their breach was caused by the non-breaching party’s behavior, the breaching party may not be liable for damages. These exceptions are rare, however, so in most cases, the person who breaches the contract first is usually the one who will have legal trouble.
HOW DO YOU WIN A BREACH OF CONTRACT LAWSUIT?
To win a breach of contract lawsuit, you will need to prove several things, including the following:
- Proving the Existence of a Contract
The first step in winning a breach of contract lawsuit is to prove that a valid contract existed between you and the other party. A contract can be either written or oral, but it must contain certain elements to be considered valid.
- Proving You Performed
When the court asks you to prove that you performed under the contract, they’re essentially asking you to show that you did what you said you would do. This can be done in many ways, but most commonly, it’s done through documentary evidence like receipts, invoices, and email correspondence.
- Proving Breach of Contract
Now, you will need to show that the other party breached the contract. A breach of contract occurs when one party does not fulfill their end of the bargain according to the terms set forth in the agreement.
- Showing Damages Caused by Breach of Contract
The final step in winning your lawsuit is showing damages—proving that you suffered because of the other party’s actions. To do this, you will need evidence, such as receipts showing financial loss from having to hire someone else.
WHAT DAMAGES CAN I GET FROM A BREACH OF CONTRACT?
If the court finds that there was a breach of contract, it may award the non-breaching party damages. These damages can be either general or special.
GENERAL DAMAGES
General damages are those that naturally flow from a breach of contract. They are also known as “direct” damages because they are directly caused by the breach. General damages include any measurable financial losses that result from the breach. For example, if you had contracted with someone to build a house and they failed to complete the job, you would likely suffer financial losses as a result. You might have to pay someone else to finish the job, or you might lose money on the sale of the house because it is not in the condition it was supposed to be in.
SPECIAL DAMAGES
Special damages are those that are not naturally flowing from a breach of contract. They are also known as “consequential” or “indirect” damages because they are not directly caused by the breach itself but rather by some other event that is a direct result of the breach. For example, if you had contracted with someone to build a house and they failed to complete the job, you might suffer special damages if you had to move into a hotel as a result.
GOMEZ TRIAL ATTORNEYS CAN HELP
A breach of contract is a serious matter and can have significant consequences. If you think your contract has been breached, it’s important to seek legal counsel as soon as possible so that you can understand your rights and options moving forward. If you’re looking for a San Diego Breach of Contract Attorney, contact Gomez Trial Attorneys today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or contacting us online.
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August 2020
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