Pasadena Law Firm Protecting You After a Breach of Contract
Business law attorneys assisting you during a contract dispute
If you work in the business world, you are familiar with contracts, which are legally binding agreements between two parties. Contracts are used for matters relating to employees, contractors, vendors, landlords, banks, utilities, insurance companies and customers. If one party fails to meet the terms of a contract, it can cause major issues for your business. At Alkana Law, we have been handling breach of contract cases for nearly 40 years. We have the skill, experience and knowledge to help you with the most complicated business law matters.
What is required for a contract to be valid?
Before you can determine if a contract has been breached, you must ensure that it was valid from the start. In order for a contract to be enforceable in California, it must include:
- One party in a contract must make a promise to do something in return for a promise from another party.
- Offer and acceptance. There must be a clearly stated offer to perform, and what is offered must be expressly accepted by the other party.
- Legal purpose. If a contract was created for an illegal or unlawful purpose, it is not valid and therefore not enforceable.
- Capable parties. Both parties must be of sound mind when signing the contract in order for it to be valid.
- Mutual assent. The parties must agree to all terms of the contract and understand that it is legally binding.
Attorney Eugene S. Alkana understands what constitutes a legitimate contract and how a breach can affect the success of your business. He can review your contract to help you determine if legal action is warranted.
What is the difference between a material and an anticipatory breach?
There are two main types of breach of contract, called a material breach and an anticipatory breach, or repudiation.
In a material breach, one party fails to meet the terms of the contract so thoroughly that it renders the agreement irreparably broken, making the original purpose of the contract irrelevant. If a contract is broken in this manner, then the other party has the right to end the agreement and sue for damages.
In an anticipatory breach, one party refuses to perform their duty under the contract. Once they show that they are not going to uphold their end of the agreement, the other party can seek damages. While in a material breach one party actively fails to perform its contract obligations, in an anticipatory breach one party simply indicates that they won’t.
Our firm closely reviews the terms of your contract to determine what type of breach has occurred and helps you seek appropriate compensation, allowing you to continue to focus on your business.
Contact an experienced business law attorney in Pasadena, California
If you feel that your contract has been breached, call Alkana Law at 626-628-1127 or contact us online to schedule a free phone consultation. We welcome Mandarin- and Cantonese-speaking clients.