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Los Angeles Breach Of Contract Lawyer
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Breach Of Contract Lawyer In Los Angeles
Unfortunately, it is common for parties involved in a contract to fail to fulfill their obligations. When someone fails to comply with the terms of a contract, whether written or verbal, they may be held accountable for breaching the agreement. Such breaches can result in financial losses, stress, and disruptions to the lives of those affected, including their families. While there may be various reasons for a party to breach a contract, some of which may be excused, the consequences remain the same – the other party suffers economic damages and is denied the intended benefits of the contract.
Contracts can be documented in writing or made verbally. The statute of limitations for pursuing legal action due to a breach of an oral contract is two years, while it extends to four years for breaches of written contracts. Damages sought for breach of contract may encompass lost wages, earnings, profits, and benefits. At EJP Law, P.C. our Los Angeles breach of contract lawyer has extensive experience in handling these types of cases. We have successfully dealt with various types of breach of contract matters, including:
- Business and partnership disputes
- Purchases and sales of businesses, property, or real estate
- Failure to acquire or sell personal property
- Employment agreements or other service agreements
- Construction agreements
- Moving agreements
- Agreements between businesses for the exchange of goods or services
What Is Considered Breach Of Contract?
A breach of contract occurs when one party fails to uphold the terms of a legally binding agreement, thereby hindering the other party’s ability to fulfill their contractual obligations. This can involve various scenarios such as non-delivery of goods or services, incomplete work, non-payment, or failure to meet certain quality standards. If you find yourself in a contractual agreement with another individual or company that fails to meet their obligations, they are in breach of the contract.
Material vs. Immaterial
A breach of contract can be classified as either material or immaterial, based on the extent of the damages caused by the party at fault.
Material Breach – A material breach occurs when a party fails to fulfill its obligations to such an extent that it becomes impossible to fulfill the contract. This breach can result in significant variations in outcomes or substantial loss of gains, leading to serious financial harm. In such cases, you are entitled to seek compensation for the damages incurred.
Immaterial Breach – An immaterial breach, also known as a partial breach, occurs when most of the contractual duties have been fulfilled, but not all of them. Even though it may seem insignificant, this type of breach can still result in complications and entitle you to seek damages.
Proving Breach Of Contract In California
A breach of contract can have serious repercussions for your business, and it should never be taken lightly. Luckily, our breach of contract attorney in Los Angeles is dedicated to providing strong and sophisticated advocacy to help resolve the situation and protect your commercial interests.
With years of experience serving residents in Los Angeles County, our firm has diligently built and maintained an outstanding reputation as a top-tier business litigation law firm. We are fully committed to utilizing our reputation to benefit your case. To establish a claim of breach of contract in California, it is crucial to demonstrate that your case meets four essential criteria.
- There was a contract
- You, the plaintiff, met the terms of the contract
- The defendant did not meet the terms of the contract
- As a result of this breach of terms, you suffered damage
At EJP Law, P.C., our Los Angeles breach of contract lawyer possesses the knowledge and experience necessary to handle such business law cases. If you have encountered a breach of contract in California, we will thoroughly evaluate your situation and construct a compelling body of evidence to support your claim. Contact our office now to schedule a consultation and learn more about how we can help.
Breach Of “Covenant Of Good Faith And Fair Dealing”
In California, breach of contract is closely associated with the breach of the “covenant of good faith and fair dealing.” Every contract in California includes an implied covenant that imposes a duty of good faith and fair dealing on the parties. This duty ensures that the parties will not act in bad faith to harm or unfairly obstruct the other party’s right to receive the benefits of the agreement. The essential elements needed to establish a claim for breach of the covenant of good faith and fair dealing are outlined in CACI No. 325.
Sometimes, a claim for breach of the implied covenant of good faith and fair dealing is added to a lawsuit as an ancillary claim. However, there is legal precedent stating that if a claim for breach of the implied covenant is based on the same acts as a breach of contract claim, it is considered duplicative and should be disregarded as it does not present an additional separate claim. This cause of action can also be asserted independently from breach of contract. For instance, when one party, while technically complying with the contract’s terms, takes actions that undermine the spirit of the agreement. This may occur when a party seeks to frustrate the contract’s purpose or make it impossible to achieve its intended goals. This claim is sometimes alleged in conjunction with a claim for fraud or promissory fraud.
It is important to note that a breach of contract claim is not a tort and typically does not allow for punitive damages, which are intended to punish the defendant and deter similar wrongful actions in the future. In general, under California law, the prevailing party in a breach of contract claim is entitled to recover their attorneys’ fees only if the written agreement provides for it.
Frequently Asked Questions
Can I Sue for Breach of an Implied Contract?
Implied contracts, though not written or oral, hold legal weight as substitutes. They are formed through the actions of the involved parties and can be treated as written contracts. An implied contract may either replace or complement a written contract. Alongside the provisions mentioned earlier, it may incorporate policies or conditions such as:
- Length of service (seniority)
- Disciplinary policy
- Fringe benefits
California operates under the at-will employment doctrine, which means your employer can terminate your employment for any reason, except discriminatory ones. This, however, can make it more challenging to pursue legal action for breach of implied contract. Nonetheless, in most instances, an implied contract assumes that your employer will not terminate your employment without justifiable cause. If you believe that your employer has wrongfully terminated you, even if they claim just cause, you have the right to file a lawsuit for breach of contract. Additionally, you can pursue legal action if your employer disregards seniority, imposes excessive disciplinary measures, or fails to provide implied benefits.
When Can You Sue for Breach of Contract?
Losing your job unexpectedly because of your employer’s breach of contract can have a profoundly negative impact. Even the failure to receive promised or implied benefits can be detrimental if you are relying on them. The good news is that you have legal options, particularly if the original contract was documented and signed by both parties. Remember, seeking legal recourse can help protect your rights and seek the justice you deserve.
An employment contract is a formal agreement protected by law. If your employer violates that agreement, you can sue them for damages. A few examples of breach of contract in California include:
- You signed a lease and promised to pay monthly rent on time. You also promised not to destroy the property. In many instances, you are locked into a time frame stipulated in the lease. If you do not adhere to any of these, you can be found in breach of contract.
- Actors sign contracts that stipulate their responsibilities during the production of a film. If the actors or producers do not meet the agreed-upon terms, either can be held in breach of contract.
- Telecommunication agreements often stipulate a given contract time frame. You are held to the contract dates. Should you wish to abort the contract and move to another company, you will likely be charged with breach of contract and hit with a penalty fee.
Unless circumstances are legally extenuating, your name on the dotted line is essentially your bond. Most courts will uphold a breach of contract charge in favor of either party who can prove that the other has not met their contractual obligations as agreed. In the business context, breach of contract can mean a failure to provide goods or services as agreed, or a failure to pay for services rendered.
Can I Sue for Breach of an Oral Contract?
While an oral employment contract is legally binding in California, proving its existence can be challenging. To substantiate such a contract in a breach lawsuit, you can rely on witness testimony, written documentation, receipts, pay stubs, and the employer’s actions that validate its terms. Otherwise, the court will be left to decide between conflicting accounts from you and your employer. It is strongly advised to avoid conducting business solely on a handshake and verbal employment promises. Instead, opt for a written agreement signed by both parties for clarity and protection.
Contact Our Los Angeles Breach Of Contract Lawyer Now
If another party fails to fulfill their contractual obligations to you, the first step is to attempt to engage in a reasonable discussion with them. It is possible that the failure to fulfill the contract may be due to an error or oversight on their part. In the event that this initial attempt is unsuccessful, it is advisable to seek the assistance of an experienced breach of contract attorney in Los Angeles to initiate legal proceedings against the party in breach.
When faced with escalated situations, it is advisable to avoid attempting resolution on your own. If you find yourself unsure, seeking legal consultation is always a prudent course of action. Breach of contract can be a complex legal maze. If you live in West Hollywood, Beverly Hills, Santa Monica, Westwood, and surrounding greater Los Angeles, EJP Law, P.C., P.C. is here to answer all of your questions.