In business, contracts are very crucial. A contract is a legally binding agreement between two parties. Business contracts help formalize agreements with employees, vendors, and other parties. Apart from formalizing agreements between parties, business contracts safeguard the involved parties’ interests and lay the foundation for a healthy business relationship. Parties are required to fulfill their obligations as outlined in a legally binding contract. If a party fails to fulfill their obligations as outlined in the contract without a lawful excuse, a breach of contract is said to have occurred. For example, a breach of contract can happen due to failure to deliver goods or services, providing poor-quality goods, or violating other specific terms and conditions in the contract. When a breach of contract occurs, it can lead to disputes and legal challenges. This is where a business litigation attorney comes in. A business litigation lawyer can help you take appropriate legal action. An attorney can help you in many different ways. Below, we look at some of the ways a business litigation attorney can help in a breach of contract case.
1. Determining if There is a Valid Breach of Contract Claim
A business litigation attorney can help determine if there is a valid breach of contract claim. In California, several elements must exist to have a valid breach of contract case. First, there must be a valid contract. Second, the plaintiff must have fulfilled their contractual obligations or had a valid reason for not performing. Third, the defendant must have failed to perform as required by the contract terms. Next, the claimant must have suffered damages due to the breach. Finally, it must be possible to show a causal link between the breach of contract and the damages incurred.
2. Legal Assessment and Strategy
After determining that there is a valid breach of contract case, a business litigation attorney will assess the strengths and weaknesses of your case. They will help you formulate a strategy tailored to achieve the best possible outcome.
3. Determining What Remedies are Available
In California, several remedies are available for a breach of contract claim. The specific remedies depend on the specifics of the case. Common remedies include compensatory damages intended to compensate the non-breaching party for the financial losses suffered, specific performance, which compels the breaching party to fulfill their obligations, and rescission, which allows for the cancellation of the contract.
4. Filing Your Claim
A business litigation attorney can help you file your breach of contract claim. They can help you initiate alternative dispute resolution procedures such as arbitration or mediation if appropriate.
5. Defending Against Accusations of a Breach
Business litigation attorneys not only help alleged victims of a breach of contract. They also provide legal help to parties accused of a breach. A business litigation lawyer can help defend you if you are facing accusations of a breach. An attorney can analyze the contract and the allegations and help develop a strategic defense plan. A business litigation lawyer can help collect and present evidence that supports your position.
Contact us today to learn how our qualified business attorneys at SAC Attorneys LLP can help you with your breach of contract case.