Los Angeles Breach of Contract Attorney
Violations of Your Written Agreement
Business contracts play an important role in protecting the best interests of those involved to help lower the chances that one party will try to take advantage of the other party or fail to follow through on established obligations. Disputes surrounding contracts can arise in relation to sales of real property, property leases for over one year, promises to pay another company or person's debt, the transfer of property when the party performing the contract dies, or when one party wishes to end a business partnership in such a way that goes against terms of the agreement.
Types of Breaches
Various companies and individuals often enter into a contract that establishes certain obligations in which each party promises to fulfill their end of the bargain. Although specific circumstances vary, a breach of contract can happen if one party does not fulfill their obligations on time, prohibits the other party from performing their responsibilities, fails to carry out their end of the bargain with the terms of the contract, or fails to take any action at all in relation to the agreement. A breach can be a verbal denial or displayed through action or inaction that goes against the details agreed upon in a contractual promise.
A breach of contract typically falls into two main categories:
- Material - A material breach of contract takes place when a party's failure to perform according to the agreement allows for the other party to either collect damages or require performance due to the breach. Material breaches usually arise when there is monetary loss and other significant damages as the result of one party failing to uphold their end of the agreement.
- Immaterial - An immaterial breach of contract, also referred to as a minor or partial breach, does not allow one party to pursue a lawsuit for specific performance, or lack thereof. Under an immaterial breach of contract, one party can only sue another party for actual damages.
Determining whether a breach is material or immaterial is generally done to establish the suitable legal remedy for the breach of contract. If you are intent on resolving a business matter or dispute related to a breach of contract, it is advised that you consult with a lawyer who will act as an advocate in your case and fight aggressively for a settlement that is favorable to you.
Dispute Resolution: Los Angeles Business Lawyers
Depending on the circumstances, an individual or business that breaches a contract may be held legally responsible and may be required to provide the other party of the agreement with relief or a remedy. This usually is in the form of damages, specific performance, or cancellation and restitution, which are typically obtained through mediation or litigation. The types of damages for a breach of contract may include compensatory, punitive, nominal, or liquidated damages. The intention of these damages is to place the non-breaching party in the position that they would be in had the breach not taken place.
If it is determined that damages are not an adequate legal solution to a breach of contract, then certain performance may be selected in which the breaching party is ordered by the court to perform a specific duty under the contract. Another remedy option is the cancellation of the contract in which the agreement becomes void and relieves all involved parties of any responsibilities under the contract. The last solution to a breach of contract is restitution in which the non-breaching party cancels the contract and sues the breaching party for restitution.
Whether a breach of contract has occurred in relation to commercial collections, promissory notice to pay, or the unlawful termination of a business partnership, it may be in the best interest of involved parties to contact a business lawyer with experience successfully resolving breach of contract disputes. At Matthews Law Firm we are committed to working tirelessly for our clients when achieving a positive outcome for their specific case. We are a small business law firm with the extensive experience of a large firm, allowing us the ability to provide the one-on-one, personal attention that our clients need and deserve. Our firm can provide you or your business with caring, personalized representation that is intended to bring about the desired result in your breach of contract case. Don't hesitate to
contact a Los Angeles breach of contract lawyer from our firm today.