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Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
There are four types of contract breach recognized by law today:Minor breach.Material breach.Actual breach.Anticipatory breach.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
The general measure of damages for breach of contract in California is set forth in Civil Code Section 3300: For breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment
The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.30 Sept 2021