What is the role of damages in a breach of contract here in San Diego or anywhere in California? The primary remedy in a business dispute (civil action) is known as “damages.” Damages are basically the financial equivalent of the harm done by the party who breached the contract.
It may surprise you to learn the Watkins Firm is able to resolve the vast majority of our breach of contract cases through effective, leveraged negotiation. This is the fastest and least expensive strategy for resolving a breach of contract dispute.
The Watkins Firm Advantage
Your experienced business litigation attorney at the Watkins Firm has more than four decades of experience in resolving these types of business disputes. It is important to understand the key to any breach of contract or business litigation case is a thorough, well-documented chronology and a mastery of the potential damages. The strong chronology and mastery of the damages are the key to gaining the attention of opposing parties and drawing them into a constructive negotiation in order to reach a settlement.
What is The Role of Damages in a Breach of Contract
What is the role of damages in a breach of contract here in San Diego and across California? Financial damages in the context of a breach of contract reflect the financial value of losses incurred by the breach and the failure to realize the “benefit of the bargain” in the underlying business contract. The party who has suffered losses due to the breach is required to mitigate the damages in order to preserve their ability to recover for their losses. The failure to mitigate these damages is a valid defense in breach of contract and other business litigation cases.
When contracts are vague or underlying disputes are rooted in principle it is often necessary to turn to business mediation and/or arbitration. Mediation is a confidential and private legal setting designed to create a non-confrontational atmosphere for the parties to find common ground and work through the dispute at hand. When we represent our clients in mediation, it is possible to influence the course of the negotiations and provide proposals for resolution.
Arbitration is a much more structured legal process, much like a bare-bones trial. The arbitrator has the power to hear testimony, marshal the evidence and establish the process by which they will apply their extensive legal and practical experience to establish a finding – a resolution. The findings of the arbiter are almost always binding upon the parties and cannot be appealed.
40 Years of Business Dispute Resolution Experience
It is important to work with the experienced, proven business dispute attorneys at the Watkins Firm. After more than 40 years of business dispute resolution experience we thoroughly understand the role of damages in a breach of contract and how to accomplish our clients goals in a cost-effective and timely fashion.
We invite you to review our podcast Episode 5 – Breach of Contract, as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
