![]() Company B honors the agreement for the first two months, but in the third month misses the deadline. The plaintiff suffers damages as a direct result of the defendant’s non-performanceįor instance, Company A and Company B enter into a contract requiring B to supply A with 2,000 gallons of paint on the first day of each month in return for a payment of X dollars. The defendant’s failure to perform as required Performance as expected by the plaintiff, or a valid excuse for non-performance There are four elements to a breach of contract legal claim: Schwartz, INC proudly serves clients in the Greater San Francisco Bay area, including San Jose, Santa Clara, San Mateo, Oakland, and throughout Alameda County. Schwartz will listen to your story, assess the situation, and advise you of your legal options going forward, whether it’s to defend yourself or pursue a claim against another party. Schwartz, INC has been handling business and civil litigation matters for more than 45 years. When faced with a breach of contract, you need an attorney experienced in the civil litigation of contract law, whether you’re the breached or the breacher - the plaintiff or the defendant. Major breaches often result in breach of contract lawsuits. In other words, some breaches are minor and easily repairable, while others are major and threaten the very continuance of the contract. When one party to a contract fails to live up to their end of the promise, a breach can be said to have occurred, but for the breach to be open to civil litigation, it generally must subvert the whole purpose of the contract. ![]() The legal definition of a contract is a “promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.” A shorthand version might be, “A contract is a legally enforceable promise.” Express contracts are “stated in words,” while implied contracts are “manifested by conduct.” An express contract can also be oral - not written - provided that no other California statute requires the contract to be in writing, as it does for home sales, for instance. California law defines contracts in the state as being either express or implied.
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