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Recovering Damages for Breach of Contract

Feb 14, 2018 | Business Litigation

Recovering Damages for Breach of Contract

“A contract is an agreement to do or not to do a certain thing.”  Cal. Civ. Code § 1549. To recover damages for breach of contract, the plaintiff must prove all of the following:

  • Plaintiff and defendant Entered into a contract;
  • Plaintiff did all, or substantially all, of the significant things that the contract required to do or that plaintiff was excused from having to fulfill his promise of the contract
  • That the specific condition(s) that did not occur was/were waived or excused
  • That defendant failed to do something that the contract required him to do or defendant did something that the contract prohibited him from doing;
  • Plaintiff was harmed; and
  • Defendant’s breach of contract was a substantial factor in causing plaintiff’s harm.

If you entered into a contract and you fail to abide by the terms of the agreement, you may face the likelihood of having a lawsuit filed against you. If a party contracts with you and does not fulfill the terms of the agreement, you may also have the right to seek legal remedy and likewise file suit against the breaching party.

California Businesses Facing Lawsuit Must Be Represented by an Attorney

It is important to remember that a California business owner cannot represent themselves in a lawsuit as pro per, this is because in California, a California business that is facing a suit or wish to file a lawsuit against another must be represented by an attorney. Before filing a lawsuit it is important to review all the provisions in the contract to ensure you don’t file a frivolous lawsuit against the other party. Often times contracts can be confusing and thus require the assistance of a business law or contract attorney.

Breach of contract can occur in many different ways, such in business service contracts, employment contracts, or business partnership contracts. If you believe that another party breached the terms or failed to fulfill the terms under a contract it is important to speak to a experienced business lawyer, to ensure you rights and remedies are protected.