Businesses often enter into contracts with employees, customers, and third-party vendors. However, disputes are common when it comes to business matters, especially when contracts are involved. In fact, as your Orange County business litigation attorneys can tell you, each year thousands of contractual disputes arise across the state of California.
Your Orange County business litigation attorneys can advise you that a contract consists of an agreement between two or more parties (which may be oral or written) that contains at least one promise in exchange for another. California law generally requires an offer, acceptance, and consideration. A breach occurs when one party does not live up to his or her end of the contract. For example, where the obligation of the contract is to pay for certain services, a breach would consist of nonpayment.
What Must Your Lawsuit Establish?
Your Orange County business litigation lawyers can inform you that a breach of contract lawsuit must establish the following:
- a contract
- plaintiff’s performance of the contract (or a reason why the plaintiff did not perform)
- defendant’s breach of the contract, and
- damages to the plaintiff arising from the breach of contract.
When it comes to damages, your Orange County business litigation lawyers will tell you that recovery for pain and suffering is generally not allowed for the breach of a contract. Even though a broken contract may cause substantial distress, the law only deals with the economics of the situation, and the plaintiff is limited to the “benefit of the bargain” that would have been obtained if the contract had been performed.
We Can Help
Breach of contract lawsuits are the most common business litigation cause of action in California. If you or your business has suffered financial harm due to a breach of contract, Orange County business litigation attorneys can provide assistance in both bringing and defending breach of contract claims. Call Reed Aljian and Justin Daily at 949-861-2524 today to learn more about our legal services and how we can help you.