Business Contracts Lawyer Sacramento, CA
By definition, a breach of contract is when a person fails to uphold his or her promises as reflected in the document. As an attorney knows all too well, sometimes contracts are not abided by from all parties involved. What may have started off as a well-intentioned document, could have ended with miscommunication and substantial loss. Here in the article below, we have talked further about how and why breaches in contracts happen.
Breach of Contract Examples
When a party fails to perform a job duty or act in a manner as listed in the signed agreement, then a breach of contract has occurred. This may happen for a variety of reasons. Perhaps this party did not fully understand his or her roles, was not able to fulfill responsibilities within the assigned time frame, or was intentionally negligent.
Material vs Immaterial Breach
Depending on the kind of damages or losses the at-fault party causes, the breach of contract may be considered material or immaterial. If a material breach happens, this means a duty that was essential to the purpose of the contract had not been fulfilled. An immaterial (or partial) breach happens when most of the responsibilities listed in the contract were not performed. The party who suffered losses as a result, can seek retribution for a partial breach but cannot outright terminate the agreement. After consulting with you, an attorney at [law firm name] can decide whether the breach was more-so material or immaterial regarding your contract.
Taking Legal Action
When the party who suffered loss wants to take legal action against the party at-fault for the breach, it must be proven that several factors applied to the agreement. An attorney can help you gather proof of the following elements:
- A contract (whether verbal or written) existed
- A contract was breached at least partially
- A party involved in the contract had suffered damages and/or financial loss as a result of this breach
Breach of Contract Remedies
The party who suffered losses due to the breach, may receive financial compensation or remedies that make up for the damages. Remedies for a breach of contract may include specific performance, injunction, restitution or something else that matches the losses endured. An attorney can help fight for the resolutions that are most appropriate based on what responsibilities were not upheld by the at-fault party. Your business or financial stability should not have to suffer the consequences of another party not following what they had originally agreed upon.
A business contracts lawyer Sacramento, CA relies on at the Yee Law Group can meet with you and help you decide whether a breach of contract happened and how to go about seeking compensation. Consider reaching out to a law firm today so they can see that your rights are being protected, and that you receive restitution in order to recover from a set-back.