Online Evaluation Request

– Request a call back or a title and equity evalution from our internal systems

Breach of Contract Lawsuits

A breach of contract lawsuit arises when one party fails to fulfill its obligations under a contract without a lawful excuse, and the other party seeks legal remedies. Here’s a breakdown of how they typically work:

  1. Formation of Contract:

    • A valid contract must exist, which requires an offer, acceptance, consideration, mutual consent, and legality of purpose.
  2. Breach Occurrence:

    • A breach can be minor (partial breach) or material (major breach).
    • Minor Breach: The non-breaching party still receives the intended benefit but may be entitled to damages.
    • Material Breach: The non-breaching party does not receive the intended benefit and may be excused from performing their part of the contract.
  3. Notice of Breach:

    • The non-breaching party typically notifies the breaching party, giving them an opportunity to rectify the breach.
  4. Resolution Attempts:

    • Parties may attempt to resolve the issue through negotiation, mediation, or arbitration before resorting to litigation.
  5. Filing a Lawsuit:

    • If resolution efforts fail, the non-breaching party can file a lawsuit. The complaint must state the facts of the breach and the damages suffered.
  6. Court Proceedings:

    • The court process includes pleadings, discovery (exchange of relevant information), pre-trial motions, and possibly a trial.
    • The burden of proof is on the plaintiff (the party who filed the lawsuit) to demonstrate that a breach occurred and damages resulted.
  7. Judgment and Remedies:

    • If the court finds a breach, it can award remedies such as:
      • Compensatory Damages: To cover the actual loss.
      • Consequential Damages: For losses that flow from the breach.
      • Punitive Damages: To punish willful misconduct (rare in contract cases).
      • Specific Performance: Ordering the breaching party to fulfill their part of the contract.
      • Rescission: Canceling the contract and returning parties to their pre-contract state.

Examples of Breach of Contract Cases

  1. Business Contracts:

    • Case: A supplier fails to deliver goods on time to a retailer, causing the retailer to miss out on sales. The retailer sues for lost profits and additional costs incurred from finding an alternative supplier.
    • Outcome: The court may award compensatory damages for the losses suffered.
  2. Employment Contracts:

    • Case: An employee breaks a non-compete clause by joining a direct competitor within the restricted period. The former employer sues for breach of contract.
    • Outcome: The court may issue an injunction preventing the employee from working with the competitor or award damages for any losses suffered.
  3. Real Estate Contracts:

    • Case: A buyer fails to close on a property purchase as agreed in the contract. The seller sues for the deposit and any additional losses.
    • Outcome: The court may award the deposit to the seller and any additional costs incurred due to the breach.
  4. Service Contracts:

    • Case: A contractor does not complete a renovation project to the agreed specifications and timeline. The homeowner sues for the cost of hiring another contractor to finish the work.
    • Outcome: The court may award the cost difference between the original contract and the amount paid to the new contractor.
  5. Sales Contracts:

    • Case: A buyer refuses to pay for goods delivered as per the contract. The seller sues for the contract price.
    • Outcome: The court may award the seller the contract price plus any interest and legal fees.

Understanding the specific terms of the contract and the nature of the breach is crucial in determining the outcome of a breach of contract lawsuit. Legal advice is often necessary to navigate these complex issues effectively.

We have 34 years of combined experience in real estate, real estate investment, and foreclosure law. We place an emphasis on quality work coupled with quality client retention.
Social Media

Practice Areas






Main address

Law Office of Aaron Berger

15260 Ventura BLVD #1200

Sherman Oaks, CA 91403