Breach Contract

If one of the parties fails to perform without justifiable excuse, that party is in breach of contract and subject to civil liability.This article shall outline the basic approach of the California courts in determining damages in a breach of contract action.

2006) (The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff's performance or tendered performance; (3) the defendant's breach of the contract; and (4) damages as a result of the breach.)

When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach. If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit.

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.

Pleading the Complaint: How to Plead Breach of Written Contract. A written contract may be pleaded either by its termsset out verbatim in the complaint or a copy of the contract attached to the complaint and incorporated therein by referenceor by its legal effect.

Hire the right attorney. Not all attorneys are alike. Compile all of your documents and evidence. Be prepared when you visit your attorney. Ask your attorney to analyze your case. Explore settlement. Ask your attorney to keep you informed.

These defenses include formation problems, lack of capacity, illegality of subject matter, impossibility, duress, unconscionability, undue influence, violation of the Statute of Frauds requirement that certain types of contracts must be in writing to be enforceable against the defendant, exceeding the statute of

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.