Parties enter into contracts to ensure that each party performs their part of the bargain and parties’ responsibilities, obligations and benefits are set forth clearly. Thing may not always go as planned. One of the parties may not perform pursuant to the terms of the contract, leaving the non-breaching party at a monetary or other loss. The first and most important question for any breach of contract claim is whether a valid contract exited. Save some exceptions, a contract is generally valid so long as all parties mutually assent to the terms of the contract, all parties are competent to enter into the contact, and the contract does not require any illegal performance. In some cases a contract may be void due to unconscionability.
While it’s always a good idea to have written contracts, many agreements are oral. Both oral and written contracts are enforceable under California law. However, enforcing an oral agreement can be more challenging. Notwithstanding this challenge, certain things are necessary to enforce both contracts. The non-breaching party must have performed its obligations under the contract and the breaching party’s non-performance must not be excusable. Some common reasons that a breaching party’s performance could be excused, include, but not limited to:
- Illegality of a contract;
- Anticipatory repudiation;
- Non-occurrence of an express condition; or
- Death of non-breaching party
In addition, the damages that you may be able to claim can be limited if the breach was not a material breach or if the breach is partial and curable. If you find yourself in a situation where a party to a contract does not partially or fully perform, then it is wise to speak to a business litigation attorney regarding your rights and options.
At The Law Office of George Moschopoulos, APC, a seasoned business litigation attorney who has invaluable experience in the corporate environment can guide you through your rights and obligations. Delaying pursuing a breach of contract claim may adversely impact your rights. Contact The Law Office of George Moschopoulos, APC for a Free 30-minute phone consultation to find out what you can do to protect your rights and become whole.