Contracts are meant to protect the interests of all the parties involved. Unfortunately, not all parties act in good faith. Others may neglect to follow all the terms of a contract through oversight or negligence. In these cases, the other parties have the right to demand the protection that the contract promises them – and that means entering into a contract dispute, perhaps suing for breach of contract.
What is a Breach of Contract?
Under the terms of a contract, the two parties have both rights and obligations. Each person who enters into the contract has the duty to fulfill contract requirements and a right to expect the other party to do the same. When one party fails to act in accordance with the contract, this is considered a breach of contract. The other party has a right to seek a remedy for this breach, and the exact remedy they choose will depend on whether there has been a material breach or not.
A breach can occur at any time a major or minor failure occurs. If a failure to perform occurs, the offended party can take the breaching party to court and sue for damages.
What is The Law if a Contract is Breached?
Under California contract law, when there is a breach of contract, the non-breaching party has a number of options.
They can decline to perform their part in the contract, in light of the fact that the other party has failed to do so. For example, if a contractor fails to finish the task for which they were hired, they are in breach of contract. The customer can then withhold payment in response.
The non-breaching party can also sue for damages. If there are actual, provable losses resulting from the breaching party’s failure to perform, the non-breaching party is entitled to file a lawsuit.
Alternatively, rather than claim damages, the non-breaching party can sue to compel the breaching party to fulfill their obligations. If the suit goes in the plaintiff’s favor, the court can order the breaching party to carry out their duties in line with the contract’s stipulations.
Should You Hire a Lawyer for Contract Disputes
It is not always easy to compel a breaching party to remedy the situation without legal help. If a non-breaching party wishes to sue, either for damages or to compel performance, it is essential to engage a contract lawyer. On the other side of the situation, the breaching party needs a lawyer to defend them against the plaintiff’s claims. A party may have good reason for breaching a contract, and can thus make a case in court for their failure to perform. They will need an experienced lawyer to help them plead their case.
If you need a contract attorney in Riverside County, contact Westover Law. Based in Murietta, we have acquired a strong reputation throughout the county, and other parts of southern California, for successfully handling contract disputes, divorce cases, and other aspects of California law. Contact us to book a consultation.