how can i find an attorney to accept my case, breach of contract

When you believe you have a valid contract that has been materially breached, it’s a good idea to hire an experienced attorney who can represent you throughout the sometimes-complicated process of legal redress. Find an experienced contract law attorney in near you and receive up to 30 minutes of free consultation. Call 818-340-4529

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Do I need a lawyer for a breach of contract?

Find a local Breach Of Contract attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Breach Of Contract lawyer for you.

Where can I get help with breach of contract issues?

Jan 08, 2018 · When you believe you have a valid contract that has been materially breached, it’s a good idea to hire an experienced attorney who can represent you throughout the sometimes-complicated process of legal redress. Find an experienced contract law attorney in near you and receive up to 30 minutes of free consultation. Call 818-340-4529

What should I do before filing a breach of contract claim?

Jul 21, 2015 · If you hired an attorney to represent you in court and then found that your attorney failed to follow the specific terms that were laid out within the contract held between the two of you for the duration of the case, then this could mean that your attorney has breached contract. Sometimes, a breach of contract can involve an attorney failing to research appropriately for a …

What happens if you fail to resolve a breach of contract?

Our law firm can help you resolve legal issues involving breach of contract. Our experienced litigation attorneys have handled business and real estate disputes involving oral and written contracts. In some cases, we may be able to take all or part of your case on a contingency fee, or low flat rate fee basis.

How can breach of contract be resolved?

Damages. The payment of damages — payment in one form or another — is the most common remedy for a breach of contract. There are many kinds of damages, including the following: Compensatory damages aim to put the non-breaching party in the position that they would have been in if the breach had not occurred.Apr 23, 2020

What are the five legal remedies for breach of contract?

Typically, the remedies that will be available if a breach of contract is found are money damages, restitution, rescission, reformation, and specific performance. Money damages include compensation for financial losses caused by the breach.Sep 27, 2019

Is it hard to prove breach of contract?

Contract law is decided in civil courts–as opposed to criminal courts–so the elements must be proved by a preponderance of the evidence. While a criminal case requires proof beyond a reasonable doubt, a civil case only requires that you prove your claim is more likely to be true than not true.Jul 6, 2019

What is the penalty for breach of contract?

What are the Penalties for Breach of Contract? In general, there are two types of remedies that a party can receive for breach of contract: legal remedies or equitable remedies. Legal remedies refer to monetary award damages, such as compensatory, nominal, and liquidated damages.May 13, 2020

What are the 4 types of damages available for breach of contract?

There are many types of damages for breach of contract that you may receive should a breach occur, these being meted out both to deter parties from breaking contracts and to compensate parties should a contract be broken. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.

What 3 elements must a breach of contract claim?

The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.Sep 30, 2021

How do you win a breach of contract suit?

Be Prepared for Remedy The typical remedies for a breach of contract are: Damages – Paying damages to the suing party in a breach of contract lawsuit is the most common remedy. The damages may be compensatory, punitive, nominal, or liquidated.Nov 13, 2020

How do you respond to a breach of contract lawsuit?

To respond you must file a formal paper with the court. That paper is called the Answer. You cannot call the clerk's office to get extra time to file an answer in a civil case. Only the plaintiff, or plaintiff's attorney, can give you extra time (called an extension).

What is the most common remedy for breach of contract?

Compensatory damagesCompensatory damages: This is the most common breach of contract remedy. When compensatory damages are awarded, a court orders the person that breached the contract to pay the other person enough money to get what they were promised in the contract elsewhere.Jan 22, 2018

Does breach of contract make it null and void?

Is the Contract Void or Voidable? Contracts are either valid, void, or voidable. Your breach of contract lawyer will review the circumstances to see if there's any basis for the other party claiming the agreement is void or voidable. If a court agrees the contract is void, you can't enforce it.

Is breach of contract a criminal case?

Those who are guilty of a breach of contract may not be imprisoned as it is a civil case, and not a crime. They can, however, be held liable for damages, as previously mentioned.

What are the different types of breach of contract?

Below are four major breaches of contract, with examples, that most commonly happen.Minor breach of contract. ... Material breach of contract. ... Anticipatory breach of contract. ... Actual breach. ... What are the implications of a breach of contract? ... What happens if one party breaches a contract?More items...•Oct 23, 2020

What Are The Different Types of Breaches?

The following are different types of contract breaches: 1. Minor Breach: a minor breach occurs when one party “substantially performs,” or meets th...

What Is The Difference Between Oral v. Written Contract?

Contracts made only by spoken agreement may be legally enforceable. However, it is best to memorialize them in writing, especially if a legal remed...

What Remedies Are Available For A breached Contract?

There are several remedies for breach of contract: 1. Compensatory Damages: The most common legal remedy, compensatory damages are a monetary award...

What Should You Do in The Event of A Breach?

If there has been a breach of contract, your first step is to look at the contract to see if there is instructions as to what you should do in the...

Do I Need to Consult An Attorney?

Contract law can be complicated, and every state has different lawsuit filing procedures and deadlines for breach of contract claims.Speaking with...

Our law firm can help you resolve legal issues involving breach of contract

Our experienced litigation attorneys have handled business and real estate disputes involving oral and written contracts. In some cases, we may be able to take all or part of your case on a contingency fee, or low flat rate fee basis. This page covers frequently asked questions about contracts law.

What is a Contract?

A contract is a promise, or a set of promises that the law will enforce. A contract can arise by written contract, as a matter of law (implied contracts) or orally. Of course a written contract is always in your best interest, and our law firm can help you draft and negotiate contracts.

What is an offer?

An offer is an unequivocal expression of terms by an “offerror” that invite the “offeree” to accept the terms, thus creating a contract. An offer may request a return promise (called a bilateral agreement) or may request that the offeree perform an act (called a unilateral contract).

What is an acceptance of an offer?

An offer must be accepted to create a valid and binding offer. In many cases the acceptance must be an objective manifestation of assent to accept the terms of the contract as written (in other words a “mirror image” acceptance).

What is consideration?

All contracts (whether oral or written) must be supported by “consideration” to be deemed enforceable. Consideration does not need to be anything fancy, but there has to be some type of “bargained for mutual exchange.”

What are the most common terms to a contract?

The following are some of the most common terms that most contracts will have:

What are the top 10 defenses to contract formation?

One of the parties to an oral or written contract may claim that the contract was never actually formed. Some typical “defenses to formation” are:

What is breach of contract?

A breach of contract may occur when a party to a valid contract has failed to fulfill their side of the agreement. For instance, the terms of a contract are what guides the parties in what they must do and how they should do it in order to maintain their promise. If a party does not do what the contract instructs that they do, ...

Can a contract be breached?

Some other ways that a contract can be breached include when the contract is fraudulent, if the contract was formed illegally or is unconscionable, and when there is a mistake of fact present in the contract terms. The parties may also include conditions that are unique to their particular contract, which will specify when a party’s actions can be ...

What is anticipatory breach?

Often referred to as anticipatory repudiation, this type of breach occurs when the breaching party tells the non-breaching party that they will not be fulfilling the terms of their contract. Once the other party is notified, they can sue for breach of contract. A party has committed a minor breach.

Can a buyer sue for breach of contract?

The buyer can then sue for breach of contract and collect compensatory (monetary) damages from the seller, or they might seek restitution for the missing merchandise instead. Other examples of damages might include expectation, reliance, consequential, and punitive damages.

What is legal remedy?

Legal remedies refer to monetary award damages, such as compensatory, nominal, and liquidated damages. In contrast, equitable remedies are issued by a court when a legal remedy will not sufficiently make up for the damage done. This includes remedies, such as specific performance, reformation, or rescission.

What is mutual mistake?

Mutual Mistake: If the parties are mistaken about the purpose or terms of their agreement, then this can serve as a defense to breach of contract. Duress: If the other party forced the breaching party to sign the contract against their will, it is a defense and will invalidate the contract.

What is the doctrine of Unclean Hands?

Unclean Hands: Unclean hands or the “dirty hands” doctrine is typically raised in cases where both parties have committed a wrongdoing that led to a breach of contract. It is an equitable or affirmative defense that prevents the party bringing the lawsuit from collecting any damages because both are at fault.

Why do we sign contracts?

Contracts are signed with the intention of reducing the possibility of future misunderstandings. Because of some changes in the circumstances or financial affairs of the parties to the contract, one party may fail to live up to his expected terms in the agreement. This is called a breach of contract.

What is breach of contract law?

Breach of contract law stipulates that a breach of contract happens when one of the parties to the contract fails to live up to his part of the agreement. 3 min read

Can a court award punitive damages?

Courts can award general damages, punitive damages, and nominal damages depending on the circumstances of the lawsuit. If you need help with contract law, including breach of contract issues, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site.

What are the different types of breach of contract?

There are four basic types of breach of contract scenarios: A Minor or Partial Breach: This involves the breach of some terms of the agreement. A partial breach does not excuse the aggrieved party from living up to his side of the bargain. An Anticipatory Breach: An anticipatory breach is one that has not happened yet.

What is anticipatory breach?

An Anticipatory Breach: An anticipatory breach is one that has not happened yet. Instead, one of the parties to the contract suspects that the other party will soon breach the contract. An anticipatory breach is very hard to prove in court.

What is a material breach?

Material Breach: A material breach is a serious violation of the contract and may relieve the aggrieved party from fulfilling his part of the bargain. An example is when one of the parties fails to pay for the goods or services provided.

What is the best way to deal with a breach of contract?

Courts have many options in dealing with proven breach of contract violations: Issuing court orders. The court may give an order obligating the party that breached the contract to fulfill its side of the contract. This is normally the case for minor or partial contract violations. Awarding damages.

How to recover money from a fraud?

Best Option: Litigation and Attempt to Recover Damages 1 Send your demand letter. Make it clear in your letter exactly what you are asking for, and that you know about the fraud. 2 Draft and file a complaint in the correct court, citing the amount of damages you are seeking. Sign everything and make copies. If you were asking for an amount less than $50,000, you would be required to go through dispute resolution first, but if you are asking for punitive damages that won’t be an option. 3 Send a summons to the other party. 4 If the other party responds, you will need to respond quickly. Otherwise, prepare for trial and comply with the rules of discovery. 5 Go to court and present your case to a judge or jury.

Why do you have a contract?

You got a promise that someone would come out when available. You may either have a personal or business contract with another party who is supposed to perform services for you, but the reason you have a contract is that you depend on those services.

What happens if you don't fulfill your contract?

If either of the parties do not fulfill their end of the contract, a breach of contract has occurred. At that time, you can try to resolve the issue with a letter or by negotiation. If all attempts fail, you may end up in a breach of contract case in a civil court. When you are faced with a breach of contract, it is always wise to seek ...

Can you go to court against a former employee?

Although no one wants to go to court against a former employee, your rights in this matter are important. Once you can prove you have given consideration in exchange for their agreement not to work for competitors, you should seek to enforce the contract.

What is non-compete clause?

In exchange, your employees receive several benefits, including training and certifications they won’t get at other businesses. One of your employees left on a bad note and immediately went to work for one of your local competitors. Your Human Resources Department sent a letter reminding him of the contract and providing a copy, but he has not responded.

What is breach of contract?

A breach of contract is said to have occurred when a party to a contract fails to uphold their end of the agreement. The terms of a contract are meant to provide the parties with guidance on how to fulfill their obligations. When a party does not do what the contract requires of them, then the non-breaching party is allowed to take legal action ...

Does a case settle before trial?

Additionally, if a case settles before it goes to trial, this will have an effect on how much a lawyer may cost as well. Also, cost of filing fees is another factor to take into consideration. Filing fees can vary by jurisdiction, the type of case, and even by court. These may be factored into a lawyer’s final bill.

What is contract attorney?

Contract attorneys may handle a number of different tasks, such as drafting and reviewing contracts, negotiating the terms of a contract, and providing representation on behalf of their clients in court. The rate at which a contract attorney bills can vary considerably and may be based on the types of legal tasks they are doing for the client. ...

What are the different types of contract breaches?

The type of contract breach: There are several types of contract breaches, including minor, material, anticipatory, and fundamental breaches. Each type of breach can affect how much an attorney receives in legal fees. For matters that concern a minor or partial breach, how it is resolved will not change the terms or obligations of a contract.

What is anticipatory breach?

Finally, an anticipatory breach or anticipatory repudiation, occurs when a breaching party refuses to perform their legal duties before the contract becomes due. For instance, if a worker stops going to work, then their employer might anticipate that they are going to breach their employment contract.

What are some examples of remedies?

Some common examples of remedies may include restitution, specific performance, multiple kinds of monetary damages, and cancellation or rescission of the contract. In some cases, a portion of those remedies (usually monetary damages) go to the attorney to pay their fees (e.g., contingency fees). The location of the matter: The location ...

What is a complaint in a lawsuit?

The complaint lays out the facts surrounding the dispute and asks the court for relief. After a lawsuit is filed, the plaintiff will send you a copy of the complaint and a summons. Read these documents carefully. The plaintiff should explain what contract term you breached and how you breached it.

What is the statute of limitations for a lawsuit?

The plaintiff filed too late. Each state sets a maximum amount of time a plaintiff has to file a lawsuit. This is called the statute of limitations.

What is the purpose of a motion for summary judgment?

File a motion for summary judgment. After the end of discovery, you can file a motion for summary judgment. The purpose of the motion is to get the lawsuit dismissed. In it, you argue that there are no issues of material fact in dispute and that you are entitled by law to win. Summary judgment motions are complicated.

What is implied contract?

The plaintiff also might be suing for an “implied” contract. An implied contract is inferred from the circumstances. These circumstances can be your actions or words that fall short of creating an express contract. For example, you might have created an implied contract by giving the plaintiff a bonus each year.

How to serve a witness?

If you want a witness to appear and testify on your behalf, then you need to serve the witness with a subpoena. You can typically get the subpoena from the court clerk. On the subpoena, you list the date, time, and location of the trial. You must also serve the subpoena on the witness.

What are affirmative defenses?

Identify affirmative defenses. You can raise many different defenses to a breach of contract claim. These defenses can excuse your failure to uphold your end of the contract. You should raise these defenses in the answer that you file.

What happens during discovery?

During discovery, you and the plaintiff will exchange information in each other’s custody. With a breach of contract dispute, there might not be much to discover. Both parties should have the contract and evidence of what they did or did not do.

Levels of Breach of Contract

• Contracts are signed with the intention of reducing the possibility of future misunderstandings. Because of some changes in the circumstances or financial affairs of the parties to the contract, one party may fail to live up to his expected terms in the agreement. This is called a breach of contract. Contract breaches vary in severity. There are four basic types of breach of contractsce…

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