An Orange County business litigation lawyer can provide you with assistance in a breach of contract case so you can take appropriate legal action. Whether you are accused of breaching a contract or you are accusing someone else of breaching a contract, you need to know how the law works and how you can make effective use of the legal system to protect you.
Brown & Charbonneau, LLP can provide help with breach of contract claims. We can defend you against accusations that a breach has occurred or help you to understand the remedies available if a party who you had contracted with failed to fulfill an agreement that you made together. Give us a call today to speak with a member of our legal team to learn more about the different options available to you and about the legal arguments that we can help you to make.
How Does an Orange County Business Litigation Lawyer Help in a Breach of Contract Case?
An Orange County business litigation lawyer helps you in many important ways in any breach of contract claim, whether you are the plaintiff or the defendant. Some of the different things that your attorney can provide you with assistance with include:
- Determining if a breach of contract occurred.
California Civil Jury Instructions 303 define breach of contract and establish the elements of a breach of contract claim which a plaintiff must prove. To win a breach of contract claim, a plaintiff has to prove that there was an agreement; that the plaintiff performed according to agreement terms or was excused from performance; that all of the conditions for the defendant’s performance were satisfied or excused; and that the defendant failed to complete his contractual obligations.
Alternatively, the plaintiff could prove the defendant did something prohibited by the contract and the plaintiff was harmed by that action.
- Determining if the breach was a material breach or not.
A material breach is a failure to perform which undermines the very essence of the contract. A non-material breach occurs when one or more requirements of the contract was not fulfilled, but substantial performance still occurred. The remedies for a material breach differ from remedies for a non-material breach and you need to understand what kind of breached happened in your situation.
- Determining what remedies or options are available.
A plaintiff could seek monetary damages if the plaintiff can prove losses from the breach. The plaintiff could also seek other remedies, such as specific performance to compel the defendant to comply with the contract or an injunction to stop the defendant from continuing a behavior that is occurring in violation of the terms of the contractual agreement.
- Pursuing appropriate legal action.
An attorney can assist in filing a breach of contract claim if appropriate to seek a remedy, or can assist in initiating arbitration if you were the victim of a breached contract.
If you are defending against accusations of a breach, your attorney can assist you in compelling arbitration if there is an arbitration clause and/or can help you in defending yourself in court or during arbitration.
An Orange County business litigation lawyer can also help you to negotiate an out-of-court resolution in appropriate circ*mstances.
What Should You Do to Defend Your Rights in a Breach of Contract Case?
It is important to understand the different options for resolving accusations of a breach of contract. You can work with a mediator to try to negotiate an out of court resolution or you can try to resolve the dispute on your own with other parties to a contract. You can also go to court.
If you were the victim of a breach, you can also consider options such as repudiation of the agreement in response to a breach of an agreement. Your attorney will advise you on the legal risks and potential benefits of each legal option you have in breach of contract cases.
Getting Help from An Orange County Business Litigation Lawyer
An Orange County business litigation lawyer understands California’s laws on contracts and can provide you with guidance on how the law applies to a suspected breach of an agreement. We can also assist you in initiating or defending against legal action in a breach of contract claim.
Brown & Charbonneau, LLP attorneys know contract law inside and out and will help you to develop the right approach to protecting your business interests. Give us a call at 714-505-3000 or contact us online to find out more about the different ways in which we can help you when you have been accused of breaching a contract or when you believe that you have been the victim of a breach.
