As an employee of a company, you may see a contract as legally binding documentation that solely protects your employer. However, business contracts work both ways as they often outline employer restrictions and your rights as an employee. With that said, no contract should be breached without there being consequences.

Whether you believe the breach of contract to be purposeful or incidental, you have the right to employ legal counsel to investigate the matter and fight for your rights as provided by the agreement.

The Los Angeles breach of contract lawyer at Levian Law will work relentlessly to settle your legal issue. Many corporations assume that employees don’t understand their rights as provided in their contract and will purposefully violate the terms of the agreement with hopes of going unnoticed. We won’t let that happen. Our team can meticulously review the language of your contract to identify the terms of the agreement and work toward a resolution with the opposing party’s legal counsel.

Key Elements Of A Breach Of Contract Case

The courts are responsible for determining whether a breach of contract occurred and the type of breach. However, any plaintiff bringing forth a breach of contract claim will generally have to prove the three following elements.

Existence Of A Contract

First and foremost, there must be an actual contract between the two parties involved in the claim, and while physical contracts can be easier to prove in court, verbal contracts are also valid. A legally binding contract must contain the following three elements:

  • The intent to enter a contract in the form of an offer
  • Both parties acceptance to the agreement’s terms
  • The requirement that each party receives and gives something of value

Breach Of The Contract’s Terms

The next essential factor is a breaching of the contract’s terms. This breach, however, must be significant enough to detract value from the party who did not breach the contract. Any breaches that do not meet this criterion will not warrant a lawsuit.

Damages Resulted From The Breach

Finally, the party bringing forth the lawsuit must have suffered a loss of some sort (money, time, etc.). The individual must be able to clearly identify this loss for a breach of contract claim to be considered.

Types Of Contract Breaches In Los Angeles

Contracts are diverse by nature, but, generally speaking, there are five main ways one can breach a contract. The following provides further explanation on the most common types of contract breaches in California:

  • Partial Breach: Causing monetary damage to the plaintiff. The plaintiff can only file a claim pursuing funds that can help fix the issue.
  • Material Breach: Both monetary damages and undue hardship occurred as a result of one party’s actions or inactions.
  • Fundamental Breach: The core purpose of the contract is disregarded. The plaintiff can sue for money damages as well as pursue the nulling of the contract.
  • Anticipatory Breach: The contract is being blatantly mistreated, and one can anticipate damages to soon come as a result. The plaintiff can expedite the process of breaking the contract.
  • Nonperformance Breach: A party has failed to oblige to their duties as stated in the contract deeming them liable for damages for failing to perform.

Experienced Los Angeles Breach Of Contract Lawyer

Our Los Angeles breach of contract lawyer at Levian Law is here to help guide your actions in the wake of your unfortunate experience. As members of the Consumer Attorneys Association of Los Angeles, we dedicate our practice to helping those in need recover from the damages brought on by a third party.

Whether that means requiring a party to meet the terms of a contract or ensuring that you are financially compensated for your damages, we are here to fight for you! Contact us today at (888) 694-8869 for a free case evaluation.

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