What It Takes To Sue For Contractual Breaches

When you start a business partnership, you’re likely to have to deal with contracts. Contracts spell out the obligations of the contractual parties in ideal circumstances and in the event of any unforeseen or difficult situation.

Breach of contract can have a cascading effect. For example, if a business partner breaks a contract, they may not meet other contractual obligations, perhaps leading to more breach of contract cases.

The California Civil Code and case law govern all aspects of contract law, including what constitutes a contract, a breach of contract, and which defenses and remedies are available. For a contract breach to be regarded legitimate, there must be four essential requirements. Your California Business Litigation Lawyer will also help you determine whether you have a viable case.

What Do You Need To Sue For Contract Breach?

Here are the factors that your breach of contract attorney must provide to the court to establish the validity of your claim:

1. Whether Or Not There Was A Contract

A contract is an agreement between two parties that entails that one party performs an agreed action or work in exchange for compensation from the other. The contract can be written informally, sent through email, written in multiple letters, written on the back of a napkin, or simply uttered.

A signed, well-written agreement, ideally produced by a Business Litigation Lawyer, makes implementing a contract much more effortless.

To demonstrate the existence of a contract, there must have been an offer, the other party must have accepted the request, and consideration must have been agreed upon. A contract can be as complex as a multi-party corporate purchase, as basic as a handshake between neighbors, or as straightforward as a push on your Uber app.

2. Proof You Did As You Were Asked While The Other Party Didn’t

If it was within your ability to do so, it’s vital to show that you met at least some of the contract’s obligations. This indicates that you did your part in the contract while the other did not. While you’re not expected to do your end of the bargain when the other party breaches the contract, it’s best to do so when it is within your capacity to.

You must also show that the other party did breach their contractual commitments and that you could not prevent them from doing so.

3. You Suffered Damages As A Result of the Breach Evidence

Most importantly, you must be able to show that you were harmed as a result of the other party’s breach. For example, you must be able to show that the contract’s failure resulted in a monetary loss, significant inconvenience, or other types of harm as a direct result of the inability to perform the contract.

Total Contract Breach vs. Partial Contract Breach

A case can be filed for a breach of contract in California, whether it is a whole or partial breach. However, it is considered a total violation when the guilty party fails to carry out all of the contractual responsibilities previously agreed upon in the contract.

A partial violation occurs when their responsibilities are only partially or poorly fulfilled. A Business Litigation Lawyer can go over your case with you and determine how much compensation you are entitled to based on how well the contractual agreements were followed.