What are some examples of a breach of contract in San Diego and what should you do if you become involved in a contract related business dispute? Breach of contract disputes are unfortunately quite common. A contract is breached the moment one of the parties breaks the terms of the agreement.
Types of Potential Contract Breaches
This can happen when the obligations or responsibilities of one party aren’t fulfilled according to the specific terms of the agreement in a timely manner or when issues of payment arise. These types of cases are known as “actual breaches.”
Examples of an actual breach include disputes regarding the quality of materials or poor workmanship, the failure to make a scheduled payment, the failure to perform the duties or responsibilities contracted under the agreement as well as any issue associated with time such as a time frame for completion of a phase or project, a missed delivery date or the failure to perform any action or duty required by the agreement.
There are occasions when one of the parties realizes they will not be able to fulfill their obligations under a contract. They are generally required to provide notice to the parties in the contract of their inability to complete their responsibilities. This is known as an “anticipatory breach.”
In other examples of a breach of contract in San Diego a “minor breach” or “partial breach” occurs when a specific portion of the contract was unfulfilled even though the other party received the “benefit of the bargain.” A “material breach” occurs when one of the parties to the contract gets something substantially different than what was originally contracted for. For example, the contract specifies a specific color and model of a product and the supplier delivers a product from a different manufacturer with a similar widget in the right color but without a all of the exact specifications of the originally specified product.
A Strong, Well-Crafted Contract Can Help to Avoid a Contract Breach
A strong, well-crafted business contract should not only clearly establish the “benefit of the bargain” sought by each party, but anticipate every possible challenge which might arise and provide a specific remedy for each challenge. However, some events or challenges may not be foreseeable. Some examples of a breach of contract anticipated by one of the parties might revolve around issues of supplier performance, disabling illness or injury of a key individual, a natural catastrophe (such as the recent hurricane Florida) or armed conflict.
With the exception of real estate disputes, one party cannot generally force another party to live up to the terms of the contract (known legally as “specific performance”). The relief for a breach of contract is monetary, and comes in the form of “damages.” The experienced breach of contract and business litigation attorneys at the Watkins Firm quickly and accurately assess the facts in each case and the resulting damages. Damages are the key to resolving breach of contract cases. They provide the leverage to draw opposing parties into a constructive negotiation in order to reach a resolution of the contract dispute.
It is important to note that a party who is the victim of a breach of contract has a legal duty under California law to mitigate the damages in a timely, prudent and reasonable manner. The failure to do so can prevent them from recovering for their losses down the road.
A Limited Group of Examples of a Breach of Contract in San Diego
While we have attempted to provide some examples of a breach of contract in San Diego it is not possible to provide an exhaustive list. If you are concerned about a breach of contract we invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Learn how the Watkins Firm can help to resolve a breach of contract in a cost-effective and timely manner.