ARE YOU THE VICTIM OF A BREACH OF CONTRACT? To determine if you have a legal claim for breach of contract, you must first determine if you have an enforceable agreement. A contract is an enforceable agreement if it creates an obligation or duty, the breach of which the law supplies a remedy to whom the obligation or duty is owed. A contract may be oral or written, except those that are specifically required by statute to be in writing. The types of contracts listed in California Civil Code Section 1624, “The Statute of Frauds” , are invalid unless the contract is in writing and signed by the party obligated, or his agent. The essential elements of an enforceable contract are (1) the legal capacity of the parties contracting; (2) mutual consent of the parties; (3) lawful object; and (4) consideration. The essential elements of a cause of action for damages for breach of contract are (1) the contract; (2) Plaintiff’s performance or excuse for non-performance; (3) Defendant’s breach; and (4) the resulting damages to Plaintiff.
If you have an enforceable contract that has been breached, CALL Orange County Business Lawyer at (844) 921-1937
Orange County, California Contract Disputes Attorney
Attorney Debra Grimaila, Esq. provides more than thirty-seven (37) years of legal experience to her individual and business clients to resolve their contract disputes in Orange County, California. When you enter into a contract with another party, you expect that party to fulfill the obligations, terms and conditions of the agreement. When that doesn’t happen, you want a competent and skilled business attorney to help you solve the legal dispute cost effectively. Orange County Business Lawyer represents clients suing to collect substantial accounts receivable, and those involved in secured transactions, commercial lease disputes, trade secret violations, and other breach of contract litigation matters. For an assertive, results oriented approach to litigation, CALL Orange County Business Lawyer at (844) 921-1937
Contract Cases Resolved Include:
- Debt Collection for Claims in Excess of $75,000.00
- Shareholder Disputes
- Franchise Agreement Claims
- Enforcement of Professional Services Agreements
- Trade Secret Enforcement
- Real Property Agreements
- Real Property Damage
- CC&R Enforcement/HOA Law
- Commercial and Residential Leases
- Employment Contracts
- Breach of Fiduciary Duty
- Indemnity Claims
- Non-Compete Agreements
- Sales of Businesses
- Misrepresentation in Purchase/Sale of Business/Real Property
- Business Torts
- Partition Actions
- Corporate/Partnership Dissolutions
- Quiet Title Law
TORTS ARISING OUT OF A BREACH OF CONTRACT
DO YOU HAVE A LEGAL CLAIM FOR A TORT ARISING OUT OF A BREACH OF CONTRACT? A party to a contract may incur tort liability when, in addition to breaching the contract, it seeks to shield itself from liability by denying, in bad faith, that the contract exists. Most California Court decisions have held that no “special relationship” between the parties is required to recover tort damages for bad faith denial of existence of contract, as is required with the tort of breach of the covenant of good faith and fair dealing. In contrast, the covenant of good faith and fair dealing is implied in every contract, and requires that each party to a contract do nothing that will deprive the other of the benefits of their agreement. However, breach of that covenant does not generally give rise to a legal cause of action without the presence of a “special relationship”. Such a “special relationship”is generally found only in the context of an insurance/insured relationship , which is characterized by elements of public interest, adhesion and fiduciary responsibility. Nevertheless, it may be appropriate to combine a contract cause of action with a tort claim for negligence. A cause of action for negligence may be based on the negligent performance of an implied obligation arising from the contract. But remember, damages for emotional distress are not generally recoverable in a breach of contract lawsuit.
If you think you have a legal claim for a tort arising out of a breach of contract, CALL Orange County Business Lawyer at (844) 921-1937
Orange County Business Lawyer, P.C. and its founder Debra Grimaila, Esq. is available to assist individuals and businesses with their business litigation, business transaction, real estate litigation, real estate transaction, debt collection needs in Orange County, California.
Cities Served: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Coto De Caza, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, Yorba Linda
Get your questions answered. Call Now for your Cost Effective Legal Solution at (844) 921-1937.