Protecting Your Contractual Rights
You will encounter a contractual dispute if you are in business long enough; it is a matter of when, not if. When you do find yourself in a breach of contract dispute, your choice of legal representation can make all the difference as you seek to protect your legal, financial and business interests. You need an attorney who can help you find smart solutions that resolve issues favorably while protecting your bottom line.
What Constitutes A Breach Of Contract In A Business Transaction?
A breach of contract is any situation where one party fails to fulfill their end of a bargain. Some common situations that may constitute a breach include:
- Nonperformance
- Incomplete performance
- Late performance
- Defective performance
- Repudiation
- Breach of warranty
- Impossibility of performance
Breaches can be actual or anticipatory, meaning that a breach can occur even when one party merely expresses their intention to leave their contractual obligations unfulfilled, regardless of the reason. Any material breach of contract is a major concern for your business.
What Are The Potential Remedies For A Breach Of Contract?
When a breach occurs, the nonbreaching party typically has legal remedies available, such as seeking monetary damages, specific performance (compelling the breaching party to fulfill its obligations) or termination of the contract.
If compensation is sought, you may be entitled to both compensatory and punitive damages. Compensatory damages are designed to make the aggrieved party financially “whole” again, so they are based on the actual or anticipated financial losses caused by the breach. Punitive damages are designed to punish the breaching party and deter others from similar actions, so they are not tied to your economic losses.
Specific performance, however, is a whole different approach to a remedy for a breach of contract. There are some situations where money or other forms of relief cannot adequately resolve the issue caused by the breach. In that case, you may seek an order for specific performance, which essentially obligates the other party to follow through with their bargain.
Specific performance is most likely to be available when the object of the contract is unique. For example, if someone agrees to sell you a one-of-a-kind piece of property and tries to back out, you may be able to force them to go through with the deal.
At Manning & Kass, Ellrod, Ramirez, Trester LLP, we can help you understand your remedy options when faced with a breach of contract.
An Aggressive Yet Practical Lawyer For Your Breach Of Contract Case
Roland Tong, Attorney and Partner of Manning, & Kass, Ellrod, Ramirez, Trester LLP, combines our firm’s commitment to thorough representation and attentive service with the skills and resources necessary to effectively resolve complex breach of contract disputes involving businesses.
You can turn to attorney Roland Tong for help with all of your breach of contract issues, including those stemming from issues such as:
- Supplier and vendor contracts
- Service agreements
- Partnership agreements
- Employment and Contractor agreements
- Sales and purchase agreements
- Construction disputes between contractors and subcontractors
- Trade secret misappropriation
- Intellectual property issues including responding to cease and desist letters
Attorney Roland Tong combines his extensive legal experience – including serving as general counsel to a multimillion-dollar company – with a firm grasp on the latest technology for e-discovery, document review or production. This allows him to limit costs and find solutions that are favorable from both a legal and a financial perspective. We are prepared to pursue negotiation, mediation, arbitration, settlement or litigation to protect your rights.
Take The First Step Today
Protecting your contractual rights begins with a single step. Connect with attorney Tong online or call 949-298-6867 today to schedule a meeting. Mr. Tong works with business clients in Los Angeles, in Irvine and throughout Southern California.