Contracts reside at the center of a strong, ethical partnership. It holds both sides together. Two parties voluntarily come into an agreement where they both exact an exchange of goods, services, monetary entities, or a promise to cease doing an action. Contracts appear in land purchases, business agreements, landlord-tenant relationships, and more. However, if a party fails to uphold their promise, they breach the contract.
A breach of contract can cause significant harm to one’s business, property, or relationship if both parties fail to uphold their agreement. The plaintiff can file a complaint for breach of contract if the defendant:
- Fails to perform as promised
- Makes clear they have no intention of upholding their part in the agreement
- Makes it difficult for the other party to complete their duties
- Breaks a fundamental rule of the contract
Under California Civil Jury Instructions, to file a breach of contract, you must prove,
(1) the existence of a contract,
(2) plaintiff’s performance or excuse for nonperformance,
(3) defendant’s breach,
(4) damages to plaintiff therefrom
The state further stipulates that,
It is elementary a plaintiff suing for breach of contract must prove it has performed all conditions on its part or that it was excused from performance. Similarly, where defendant’s duty to perform under the contract is conditioned on the happening of some event, the plaintiff must prove the event transpired. (Consolidated World Investments, Inc., supra, 9 Cal.App.4th at p. 380, internal citation omitted.)
If you are involved in a breach of contract dispute, it is important that you seek legal counsel. Our Rancho Cucamonga breach of contract attorneys understand the nuances that go into such a complaint.
We can help you seek:
- Compensatory damages
- Liquidated damages
- Consequential damages
- Nominal damages
Contact our attorneys today for a free consultation! We can review your case and help you construct a strong civil litigation case. Seek the justice you deserve.