Breach of Contract

Businesses are typically constrained not only by the law, but also by numerous contracts with vendors, suppliers, customers, employees, and other parties. Unfortunately, there are situations in which one or both parties are unable to perform terms of these contracts. There are also situations in which a contract is verbal, and so the parties don’t quite understand their obligations to one another. Another party’s breach of contract can be damaging to your business. If you were harmed by breach of contract, you should call results-oriented Los Angeles business litigation attorney Ben Mehdian for representation. Mr. Mehdian is a sophisticated strategist who works to understand the needs of the business he represents, as well as the context of the industry in which it operates, to craft thoughtful, and sometimes creative, solutions to breach of contract cases.

Attorney to Seek Resolution of a Breach of Contract Case

Breach of contract arises when a valid agreement’s terms have been violated by one or more parties to the agreement. Often these cases involve claims regarding the sale of goods or services, but they can also involve complex issues related to investment securities and secured lending instruments. Lawsuits may involve issues of breach of contract alongside claims of fraud [link to fraud] or breach of fiduciary duty.

In order to show breach of contract, a Los Angeles plaintiff’s lawyer must establish the following four elements of the case with competent evidence:

• the plaintiff and defendant entered into a valid contract,
• the plaintiff substantially performed the terms of the agreement, or has an excuse for not performing,
• the defendant’s breach of contract,
• damages.

Generally, a breach must be material to relieve the defendant from performing the other end of the bargain. The obligations that the plaintiff and defendant have towards each other must have been obligations that were specifically bargained for, such that nonperformance by one relieves the obligation to perform the other.

Many contracts must be examined closely to determine what the parties’ obligations to each other were. In some instances, the parties have differing understandings of the contractual terms; when there is no extrinsic evidence to help in interpreting the agreement, a legal question for the court is raised.

With some significant exceptions, agreements need not be in writing to be binding, and a court may find it appropriate to enforce an oral agreement. Our firm tailors knowledgeable and sometimes creative strategies to suit your business needs and resolve the case with a favorable outcome to your company.

Recovering a Damages Award

When a breach of contract case goes before a jury, the judge must provide certain instructions to the jury to determine what damages would compensate the plaintiff for the harm caused by the breach. The purpose of the damages award is to place the plaintiff in as good a position as it would have been in had the defendant performed its end of the bargain. A party that didn’t breach the contract is entitled to recover only the damages, including lost future profits that were proximately caused by the breach.

For breach of contract cases, the court may award both general and special damages. When an ordinary commercial contract is breached, damages for emotional distress usually aren’t recoverable. The plaintiff will need to establish when the contract was made and that both parties knew or could reasonable foresee the harm was likely to occur. Juries are not allowed to speculate of make guesses about what compensation is appropriate, but the law requires only a reasonable basis of computation be used to arrive at a reasonable approximation.

Protect Your Business with a Results-Oriented Los Angeles Business Litigation Attorney

If you are concerned about breach of contract, it is important to retain an experienced Los Angeles business litigation attorney. A seasoned Los Angeles lawyer can make a difference in exploring the full scope of harm experienced by you and determine how best to present evidence to support the amount of damages requested. Ben Mehdian of Mehdian Law, APC can develop a bold strategy to advocate for your company’s interests. Call us at (844) 463-4342 or (310) 889-0706 or contact us to schedule a consultation.