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Breach of Contract Archives

The Art of Knowing When and How to Settle a Case

Buffington Law Firm's main practice areas consist of trust litigation, real estate litigation, and business/corporate litigation.  There is one common denominator to these three practice areas -- that is the need for the client to know if, when, and how to settle a case.

Breach of Contract -- Was Performance Excused?

Buffington Law Firm's experienced team of breach of contract attorneys have successfully litigated many claims in which one side has alleged breach of contract.  Usually such contract will be a written document.  As discussed in last week's Blog article, the threshold question in a breach of contract lawsuit usually must be the question as to whether there existed, in fact, an enforceable contract.  California Civil Code Section 1550 delineates the critical elements necessary for an enforceable contract to exist.

Breach of Contract -- Was There a Contract?

Buffington Law Firm's experienced team of breach of contract litigation attorneys have often brought, or defended against, breach of contract claims. Often these claims seem straightforward -- there was an agreement, perhaps even a written agreement, and one side failed to carry out his or her side of the bargain.  However, sometimes it is more complicated than that.  One of the threshold questions must always be the question as to whether there was actually a contract between the parties.

5 factors of a material breach of contract

In an ideal situation, business agreements would all be fulfilled in a manner that mutually benefits all parties. Unfortunately many disputes can arise in the course of doing business. Whether it is a financial issue, delay, miscommunication or some other hindrance, contracts can be broken. You should understand when an unfulfilled obligation classifies as a material breach.

Is your breach of contract material or minor?

Businesses depend on contracts to operate successfully. When one or more parties involved in the contract fail to meet the legal obligations, the contract is breached. Breaches can occur with vendor contracts, commercial contracts, joint venture agreements, employment contracts, supplier contracts and buy-sell contracts. Some breaches of these contracts warrant cancellation of the contract while others do not.

Personal Guarantees in Breach of Contract Lawsuits

One of the recurring issues that Buffington Law Firm's Orange County business litigation attorneys deal with concerns personal guarantees.  This is a frequently misunderstood issue in breach of contract lawsuits and often exposes people to legal liability that they did not know that they had.

Attorney's fee provisions in breach of contract lawsuits

Buffington Law Firm's experienced breach of contract trial lawyers often deal with the issue of attorney's fee provisions in contracts.  As discussed in one of our recent blog articles, in California and most of the United States in a breach of contract lawsuit the loser normally does not pay the winner's attorney's fees as the result of a court judgment.  However, California Civil Code Section 1717 makes an exception to this.  If the contract that is the subject of a lawsuit in fact contains a provision stating that the winner of a lawsuit based upon the contract shall receive its attorney's fees this clause is enforceable.

Avoiding Costly Breach of Contract Lawsuits

One of the most common types of business disputes that Buffington Law Firm's business trial attorneys handle are lawsuits involving an alleged breach of a written contract between two businesses or individuals.  These lawsuits have one feature that other types of lawsuits often lack: an actual written agreement the text of which, at least, is usually not in dispute.

Have a Lawyer Review That Contract Before You Sign It!

Many breach of contract court cases that the business litigation attorneys at Buffington Law Firm have handled derive from situations where our client entered into a contract where the parties agreed "to save money and not use lawyers..." The fact that our Firm later became involved probably tells you all that you need to know about how that turned out.

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