Contracts are the lifeblood of businesses across the nation. Whether you realize it or not, there are countless contracts that are working in unison to help companies run smoothly and to make sure all parties involved are living up to their responsibilities. However, breaches of contracts are unfortunately common and frequently hurt one of the parties involved.
Whether it is a business, an individual, or an organization that breaches a contract, the repercussions can cause serious harm. However, there is hope. Innocent parties in contract breaches can take legal action against those that have harmed them to prevent further damages that may be more serious.
The Orange County breach of contract attorneys at McFarlin LLP have dedicated their careers to protecting the rights and well-being of companies and individuals who have been harmed by the wrongful business tactics of those they work with. If you believe you are the victim of a breach of contract, call us today at (888) 728-0044.
Not sure if you are the victim? Read on to find out more.
What Counts as a Breach of Contract?
First, the contract in question must be valid and legal. This means that it is an agreement between at least two parties to perform a specific duty or pay a certain amount of money. Additionally, it cannot be a contract to commit a crime or one that was made under duress, such as threats or violence. These contracts can either be written or oral, but breaches of written contracts are easier to prove, since the specifics of the agreement are detailed on paper.
Second, the breach of contract must be that the person or organization failed to fulfill the duties specified under the terms of the contract. These breaches include:
- Not performing the actions that were promised
- Making it impossible for the other party to perform the duties of the contract
- A party clearly stating that he or she will not perform the contract duties
Whatever side of the argument you are on, you will need to prove your case by showing the details of the contract and what actions were or were not performed. Through detailed evidence and testimony, you can prove your side and have the person or organization in question designated as the breaching party. By doing so, you can receive damages from the breaching party to restore your position and get rid of any losses that resulted from the breach.
What Can Be Gained from a Lawsuit?
The goal of any contract breach lawsuit is to fulfill the duties that were detailed by the agreement and prevent financial harm. The compensation that can be found through a successful lawsuit includes:
- Damages – The contract-breaching party will pay money to the other party for the losses and expenses that came from the breach. These payments include consequential damages (putting the innocent party in the same position as before the contract), punitive damages (punishment for breaching the contract), liquidated damages (a specified sum agreed upon when signing the contract in the event of a breach, and nominal damages (a minimal amount paid in the event that not much was lost).
- Specific Performance – The breaching party will be made to perform his or her duties under the contract by the court.
- Rescission – The involved parties are allowed to rewrite portions of the contract so that the dispute may be resolved.
- Reformation – The court cancels the contract and allows the involved parties to write a new one. If one party already performed duties, the court works to restore them to their position before the contract.
Choosing which one of these forms of compensation requires a thorough understanding of the contract and what will best benefit you or your company. But with the experienced representation of a skilled attorney, you can have the insight needed to consistently make the right choices and pursue the goal that will restore you as fully as possible.
Our Lawyers Are Ready to Help You
At McFarlin LLP, our Irvine breach of contract attorneys are dedicated to protect the rights, career, and finances of our clients. Through our help, countless individuals and businesses have been able to prove their case and prevent devastating contract breaches from inflicting harm that could last for years. To learn more about your legal options and how we can help you,