Breach of contract refers to a failure to perform any contractual obligations or a failure to live up to the terms of a contractual agreement that has been entered into. Contracts are legally binding and all parties to the contract must fulfill their obligations unless they have a legally-permissible excuse not to, or unless the other parties agree to void the agreement. When a party to a contract fails to fulfill the terms and conditions of the agreement, those harmed by this failure can recover monetary damages.
In the event of a breach of contract, those affected by the failure will need to pursue a legal claim for compensation. The party who was harmed by the breach will need to demonstrate the failure to fulfill the contract terms and the resulting damages. An experienced attorney at Sepahi Law Group APC can represent individuals and businesses in breach of contract cases, so call us today to speak with a member of our legal team.
Breach of Contract Cases
Breach of contract lawsuits are common, and those who are damaged by the breach can seek either monetary or equitable remedies.
One option in a breach of contract lawsuit is for the plaintiff to seek specific performance of the contract. Essentially, this means that the plaintiff damaged by a breach would ask the court to force the defendant to comply with the terms of the contract. For example, if a buyer had a contract to purchase real estate and the defendant refused to complete the transaction according to the terms of the contract, the buyer could seek specific performance. Because real estate is a unique one-of-a-kind item, the judge in the case might order the seller to comply with the terms of the contract and sell the property.
Another option for a plaintiff in a breach of contract case is to recover monetary compensation. Those harmed by a breach of contract can obtain compensation for actual losses that the breach caused. For example, if a person broke a lease agreement, the landlord could obtain compensation for the rent that he lost out on because the agreement was not kept. The party harmed by the breach has a duty to try to mitigate or limit the damages. The landlord, for example, would need to make a reasonable attempt to rent the property and couldn’t just leave it sit empty all year and sue for the full value of the annual rental.
In some cases, it is difficult to determine actual damages that result from a contract. The terms of the contract may contain a liquidated damage clause, which specifies the amount of money to be paid to the plaintiff in the event that a breach occurs.
Sepahi Law Group APC can represent you in a San Diego breach of contract case and help you to get the best outcome possible under the circumstances. Call today to speak with a member of our legal team and to learn more about how we can represent you.