A Primer on Breach of Contract
A breach of contract occurs when a party fails to perform their obligations (be it a promise, or a term of contract) as agreed to do. Aspects of a contract, such as the times at which performance is required, the quality of performance, and the extent to which performance is required, are known as "terms" of the contract (also sometimes referred to as "contract terms"). There are two types of contract terms: express and implied. Express terms are those terms that are clearly articulated to the parties, or written in the contract; implied terms are those that are "implied-in-fact" or "implied-in-law", and those are "read into" the contract by courts based on the nature of the agreement.
A breach of an express term occurs if either party fails to do what they agreed to do by an express term of the contract. A breach of an implied term occurs if either party fails to do what they agreed to do by implied term of the contract. An example of an express term in a contract would be a requirement that a product be delivered by a specific date; an example of an implied term is the existence of an implied warranty that the goods delivered are at least of satisfactory quality.
Breaches can be either minor or material. A minor breach occurs where the aspect of the contract that was breached was minor , or did not affect the overall balance of the contract. An example of a minor breach may be intent of an individual to pay the purchase price of an item, but accidentally fails to send the check on time. A minor breach may be unilaterally accepted by the non-breaching party, who would still recover for damages. In the example above, the recipient of the check may still negotiate over payment, even if minor damages can also be recovered. A material breach, however, is some act that fundamentally violates the contract. For example, buyer orders a shirt, a fork, and two shoes from an online retailer. The online retailer ships only the shirt and the fork. A court would likely find the breach to be a material breach, and the buyer could recover for damages.
There are many types of damages for a breach of contract in California, including: damages for non-performance/default; liquidated damages; consequential damages; and special damages. If the breach involves an employment agreement, punitive damages may be available.
The Importance of Having a Breach of Contract Attorney
You might be asking yourself, "Do I really need to hire a breach of contract lawyer?" The answer is usually yes. While you may be able to handle some legal disputes without a lawyer, hiring a breach of contract lawyer can provide you with valuable legal knowledge and expertise. Breach of contract lawyers can help you navigate through the complex legal system, collect evidence, and make legal procedures much easier.
Even if you are a smart and savvy business person, it may be in your best interests to find the best breach of contract lawyer to assist you. A breach of contract lawyer can demonstrate the qualities necessary to protect your rights and increase the chances of a favorable case outcome. You want to hire an experienced and knowledgeable lawyer who understands California laws and court procedures. Your lawyer should also be committed to protecting your legal interests and fighting for your rights.
What to Look for in a Breach of Contract Attorney
Qualities of a Top Breach of Contract Lawyer in Los Angeles
When it comes to securing the best possible legal representation, a few qualities will stand out when assessing the experience of any particular breach of contract lawyer in Los Angeles. First and foremost, experience in the specific area of law concerning your case is essential to understand what you can realistically expect. On average, an attorney well versed in contract law can be expected to bring about a settlement in four months, while litigation can take five to twelve months or longer.
The success rate speaks volumes to the effectiveness of a firm and its professionalism. You should be able to expect a transparency about the experience of a lawyer, including the outcome of previous cases. An attorney should also be able to inform you if a case went to trial and if so, the outcome of that trial.
Understand that many lawyers may have settled out of court, so the information provided may reflect that fact, which is not in any way bad, but informative to your case so you can understand how your specific piece of litigation should unfold (either through mediation or filing a complaint within the court).
Selecting the Best Attorney in Los Angeles
To find the most suitable breach of contract lawyer in the Los Angeles area, there are a few crucial steps that should be taken. The first step is to schedule an initial consultation with prospective lawyers. Many attorneys offer free consultations either in person or via a telephone. These consultations allow both the lawyer and potential client to learn more about the case and to determine if they are a good match for each other. This meeting is important because it allows the client to get a basic understanding of the case itself, as well as gauge whether the lawyer appears to have the necessary experience and expertise.
Once there’s been an initial consultation with a prospective breach of contract lawyer in Los Angeles, the next step is to discuss the legal fees. In most cases, lawyers representing clients for a breach of contract charge for their services on an hourly basis. This means that every hour the lawyer spends working on the case, the client will be charged. On average, a breach of contract lawyer in Los Angeles will charge between $200 to $500 per hour.
The final step in choosing the best breach of contract lawyer in Los Angeles is to consider how comfortable the client feels with the attorney. It’s important to find a lawyer who can effectively communicate, but it’s equally important to find a lawyer who is also relatable. When it comes to hiring a breach of contract lawyer from Los Angeles, it is recommended that the client looks for a professional who’s both competent and likable. The goal of most cases is for the two parties to reach an amicable agreement. In order for this to happen, a good relationship between the client and their attorney is essential.
The Los Angeles Legal Environment for Breach of Contract Cases
The legal landscape for breach of contract cases in Los Angeles is shaped by both state and federal law. California, as a common law jurisdiction, follows the common law rules for breaches of contract—which essentially means that the terms of the contract will have a large influence over the resolution of any kind of dispute. Outside of the contract, there is little room to argue for or against damages or rights of recovery.
One large consideration that a breach of contract plaintiffs must be mindful of is the statute of limitations, which provides a limited window in which they can bring claims against the contract breaches. Like most states, California has a four-year statute of limitations for breaches of written contracts (Cal. Code Civ. Proc. § 337). However, because California is a common law jurisdiction, courts recognize implied contracts, but only minimally. This means that the plaintiff will have a difficult time overcoming a written contract when the terms are clear.
Los Angeles is at a bit of an advantage for potential litigants. Many of the world’s most well-known law firms are headquartered in the city, including those specializing in commercial and corporate contract disputes. They have the resources to devote to a contract dispute, absorbing the risk of litigating in order to maintain a solid reputation. That said, it will still be difficult for those firms to take on larger clients who have the same financial clout.
Contractors, developers, and other persons operating in industries that are prone to breaches of contract in Los Angeles do have a large network of attorneys at their disposal. As Los Angeles has an abundance of large clients and corporations , this gives it a large network of attorneys who specifically specialize in not only contract disputes, but business litigation in general.
Practicality calls for a local attorney. A Chicago firm may be able to tackle a complex business litigation case, but they will essentially have to restart research from scratch as they get accustomed to the local court rules, and familiarizing themselves with the terminology of the industry. It may not seem like a large portion of effort, but litigating any case is time-consuming, and every minute counts.
Los Angeles, while currently being the third largest legal market in the United States, is likely to become a legal hub in the coming decades. While New York has always commanded the lion’s share of attorneys, as Los Angeles becomes a major hotbed for tech companies, the city’s economy will also follow suit. This economic growth will attract both large- and small-scale litigation. In fact, one of the driving forces behind Los Angeles’ popularity with start-up company founders is its proximity to lawyers, investors, and other tech companies. The city has long been the recipient of tech start-ups in the entertainment industry and is expected to grow in the coming years.
New legal hubs bring about competition for control over legal markets; with Los Angeles’ economy expected to triple in size in the next twenty years, the number of legal firms interested in maintaining the influx of legal business will almost certainly expand. This influx will provide residents with access to high-quality legal services.
Casey Studies: Successful Resolutions to Breach of Contract Issues
To illustrate the range of successful breach of contract cases and resolutions our Los Angeles lawyers have managed, let’s look at a few examples:
Example 1: A medical supply company successfully sued an old vendor for $350,000. The plaintiff’s primary argument was that the defendant had knowingly sold them defective medical devices and kept the equipment on the market, misleading their clients about the safety and quality of the devices, and avoiding recall. The Keches Law Group brought forth this case as a breach of warranty action, shutting down the vendors business and successfully holding them accountable for their misconduct.
Example 2: A local landscaping business won a $250,000 settlement from a larger company that had agreed to pay them for maintaining their open landscapes. Due to a verbal agreement and with no formal contract in place, the business had found themselves offering their services below cost, believing they would be paid back by their client. The larger company began to withhold payments then eventually refused to pay at all. The Keches Law Group negotiated an out-of-court settlement that resulted in the landscaping business receiving the majority of the funds they were owed.
Example 3: One of our Los Angeles lawyers received a $200,000 arbitration victory on behalf of a contractor when they were wrongfully refused payment by the general contractor on a home renovation project. By obtaining the evidence against them and presenting it in front of an arbiter in a compelling and thorough manner, the Keches Law Group attorney was able to prove just how negligent the general contractor had been. When this was presented with the fact that they ended the contract early, it became clear that they were the ones in breach of contract.
Example 4: A record company in Los Angeles won a $450,000 settlement for breach of contract when an artist they had worked with signed another deal with a competing record company. The Keches Law Group held them both accountable for failing to live up to their former deal and for failing to negotiate with good faith. A jury found in favor of the record company for the full amount of damages they suffered as a result of the two breach of contract claims.
Legal Assistance and Resources in Los Angeles
In addition to the legal professionals mentioned above, the Los Angeles legal community offers a variety of local bar associations and support networks. These organizations provide a wealth of knowledge for both local attorneys and residents seeking legal services. For example, the Los Angeles County Bar Association (LACBA) is a nonprofit organization that provides a number of services to the community, including a lawyer referral service. The Beverly Hills Bar Association (BHBA) offers an attorney referral service that enables members of the public to connect with local lawyers who specialize in specific areas of law . Residents of Los Angeles who are interested in hiring an attorney can utilize these and other local bar associations to issue a request for an attorney specializing in the legal area in which they require assistance.
Internet resources such as Avvo and FindLaw provide a wealth of information for those who need assistance with a breach of contract. On Avvo, Los Angeles residents can view attorney profiles, ratings, and reviews left by other clients. Meanwhile, the FindLaw directory of lawyers allows users to search for attorneys by city, case type, and practice area. There are also other online support communities where people seeking legal services can read reviews and testimonials of local attorneys.