San Diego Breach of Contract Lawyer
A contract is an agreement between two parties that details the terms of a transaction. Having both parties state their expectations in writing increases the odds of a successful business relationship and provides guidance in the event that things go wrong. However, when parties fail to honor contracts, a San Diego breach of contract lawyer at Thorsen Legal can assist you with pursuing a resolution.
A party is said to be in breach of contract when they fail to perform, without a legal excuse, all or a part of a contract. If the other party to the contract is injured by the breach, they may have a cause of action for breach of contract and may be entitled to recover damages (monetary or otherwise).
The Importance of a Contract Attorney
In addition to a breach of contract’s terms, a party may be in breach of certain implied terms of a contract. It is helpful to have a business attorney know what terms may be implied by the courts in order to make sure that your contracts address these matters. Disclaiming implied terms may be one of the reasons why many attorney-drafted contracts seem longer than necessary.
Without knowing what terms are implied by the courts, how certain contract language will be interpreted, or what things typically go wrong, it is difficult to know whether a contract you are presented with is adequate. This is particularly true if the other side is represented by counsel and you are not. Most likely the contract will be drafted heavily in their favor and you should engage legal counsel to negotiate more favorable terms to protect your business’ interests.
What To Do When a Contract Breach Occurs
A person may be in breach of implied contract terms when they fail to perform in accordance with industry standards or the requirements of an implied warranty, such as the implied warranty of merchantability. A San Diego breach of contract attorney can advise you on whether or not you have a claim for breach of contract.
Perhaps you want to get out of a contract. The San Diego business contract attorneys with Thorsen Legal may be able to help you get out. Most contracts allow for termination in the event of a material breach. A material breach is typically considered a breach of a term that is essential to the main purpose of the contract. If a contract breach is not sufficiently sever enough to be considered material, you may still be entitled to recover monetary damages or other damages in connection with its breach.
Regardless of type of contract breach, you will want a business attorney to build a credible case in your favor should you present it to a mediator, arbitrator, judge or jury. The business contract lawyers at Thorsen Legal know what courts look for to establish a legitimate contract and what elements need to be proved to show a breach of contract.
What About Unclear Contracts
Alternatively, sometimes contracts can be ambiguous or do not address the specific scenario at hand. In such case, you will want a contract attorney to represent you in a contract dispute who is familiar with how contract courts typically interpret ambiguous contracts.
In general, to prevail at a breach of contract claim, you will need to show
- That a valid contract existed (this can be either a written contract or an oral contract).
- That the contract was breached or broken (beyond any applicable cure periods).
- That your business suffered damages as result.
- And that the breaching party is liable for those damages.
The San Diego breach of contract attorneys at Thorsen Legal draft all kinds of business contracts and manage business disputes that arise in connection with a breach of contract claim. We can help you by reviewing your contract and determining what rights, liabilities or obligations, and remedies or defenses you may have.
A San Diego Breach of Contract Attorney Can Help
The business attorneys at Thorsen Legal can help lower your contract liability by providing you with well drafted contracts as well as advising on risk management and business decision making. By knowing what problems and disputes typically arise, our business attorneys can help you proactively prevent them. However, there is no such thing as a risk-free transaction. So, in the event that something does go wrong, a San Diego breach of contract lawyer at Thorsen Legal can help you to resolve the matter.
In such cases we can resolve disputes through negotiation, mediation, arbitration, or litigation. We are willing and able to try the most complex breach of commercial contract cases in California. Typical remedies for a breach of contract in California courts includes money damages, equitable remedies (such as an injunction or specific performance), or restitution.
Let an experienced business lawyer from Thorsen Legal evaluate your breach of contract claim and help you with your case. Contact our law offices today at (512) 761-5197 for a free consultation.