When forming a business partnership, involved parties create and execute a contract. A contract or agreement is a legal document detailing the scope of your business partnership, the rights and obligations of both parties and possible remedies when these...
Breach Of Contract
Strategies to prevent and resolve contract breaches
Contracts are the tie that binds two businesses together when it comes coming to launching and managing operations. Yet, far too often, the promise of a satisfactory long-term relationship can come to a sudden end should a disagreement or contract breach occur. While...
Social Media as Evidence in Trust and Business Litigation
In today’s world many people use social media such as Facebook, Twitter, Instagram, and so forth to keep in touch with family, friends, and coworkers. This has had many beneficial effects. It has made it far easier for all of us to keep in touch with, or even...
Mediation as an Alternative to Trial in Trust, Real Estate, and Business Litigation
As is well known, a large percentage of civil cases that are filed in Superior Court never actually go to trial. Instead, most of them settle out of court. In California, it has reliably been reported that an astounding 96% of all civil cases never go to trial and...
Email as potential evidence in business litigation
In the last two decades, email has revolutionized business communication. In some ways email has made things easier, it can be a convenient channel for suppliers and potential customers to reach out to businesses. If disputes arise, however, the information in all...
When is specific performance a solution for breach of contract?
You thought you had a deal – and you have the written contract to prove it. However, the other party to your agreement hasn’t come through. Now, you’re angry and frustrated, and you’ve given the other party a warning that you intend to take legal action. Suddenly, the...
Undue Influence as a Defense Against a Breach of Contract Lawsuit in California
Buffington Law Firm's Breach of Contract and Trust litigation attorneys frequently represent clients in the context of lawsuits involving Undue Influence. To be clear, California Welfare & Institutions Code Section 15610.70 provides that undue influence is the...
How do you prove a breach of contract occurred?
When filing a breach of contract suit in court, it’s necessary to prove a few things to have a successful outcome to the case. For example, the plaintiff must prove a contract existed. They must also show how the defendant failed to meet the terms of the contract....
Breach of Contract Lawsuits. Avoid Aspirational Requirements
Buffington Law Firm's breach of contract attorneys often deal with breach of contract lawsuits in which, upon examination of the facts, it becomes obvious that the requirements that one or the other party committed to can at best be characterized as "aspirational." ...
Statute of Limitations — Don’t Delay Bringing Your Claim!
Buffington Law Firm's civil litigation team often deals with otherwise good cases that are unfortunately barred in whole or in part by a Statute of Limitation. Sometimes this was entirely preventable, and this scenario is what this article is about. As many people...