Los Angeles Business Contract and Breach of Contract Damages Lawyer, Sebastian Gibson
Los Angeles Business Lawyer
Damages one can recover from a breach of contract can be extensive. As a trusted Los Angeles Business Contract Lawyer with decades of experience in the drafting, negotiation and litigation of business contracts both in California and internationally, there is arguably no more important a tool for a business person in Los Angeles, CA than to have a well-drafted business contract that protects that person and their loved ones in the event of a dispute.
Indeed, as a contract attorney serving clients in Los Angeles and throughout Southern California, I’ve seen that a properly drafted and negotiated business contract or agreement can prevent a dispute from ever arising by letting the parties know from the start exactly what is expected of them and what they can and can’t do.
Unfortunately, most contract attorneys who go on to specialize in other areas of law, retain only a basic understanding of contract law from their days in law school. Only business contract lawyers such as the contract attorneys with the Law Firm of Sebastian Gibson who have the day to day experience drafting and negotiating business contracts can draft a contract that provides much needed protection in the event of the many common disputes that arise in business.
Los Angeles Contract Attorney
At the Law Offices of Sebastian Gibson, we handle every type of contract, from the two or three page property lease or retainer agreement, to the thirty page entertainment contract, and finally to the two hundred page variety in extremely complex business and banking matters. We handle complex licensing and distribution agreements as well as more common real estate purchase agreements. Each type of contract has terms that are essential to that specific type of transaction. But as one drafts and negotiates business contracts for different purposes, a breach of contract attorney in Los Angeles retains the knowledge of what provisions would be useful in nearly every type of contractual agreement.
Because of the part contracts play in a person’s life, it’s important to have a basic understanding of contracts and contract law in California. Even if you’re not in business in Los Angeles, you will be forced to sign, even if you don’t fully read, a good many contracts over your lifetime.
If you’re in business in Los Angeles or anywhere in CA, you will face a good many more contracts, some of which may mean the difference between profitability and bankruptcy, and you will have an even greater need for a California business contract lawyer.
The terms of agreements and contracts become more important to the average person or business when a dispute arises. That’s when, unless your Los Angeles business contract attorney provided for every possible contingency, you quickly scan through the provisions of a contract to determine what rights you have.
What most people want to know from a Los Angeles contract lawyer when a dispute arises, is whether they, or the other party, are in breach of the contract in Los Angeles and whether they, or the other party are obligated to pay damages for breaking that contract under the law in California.
In order to determine the answer to those questions, a breach of contract attorney in Los Angeles or elsewhere must read the contract too and learn what happened from the client. If the contract is in writing, as they are for the most part, the written terms of the contract determine the answers to those questions. But it’s still usually necessary for a Los Angeles contract lawyer to advise a client how the law interprets those terms.
If the agreement wasn’t in writing, then the client’s statements and those made by the other party when the agreement was made become of more significance. In other cases, the question of whether a contract exists or not, may depend on whether there was an offer and an acceptance of that offer.
A contract can also be implied by the conduct of the parties. However, implied contracts and oral contracts are usually the most difficult types of contracts to prove. A written contract is the easiest, and this is why contract attorneys advise everyone to always put their agreements into writing.
In determining whether there has been a breach of a contract formed in Los Angeles under California contract law, or in other words, whether one of the parties broke their agreement, it’s required to determine if one of the parties performed or broke their promises under the contract agreement.
For one party to a contract in Los Angeles to obtain damages from the other, the performing party must have performed his or her obligations under the contract, or there must have been what the law allows as a valid excuse to his or her performance. The performing party under the contract in Los Angeles also may allege that the other party waived the performing party’s performance. However, a party claiming that his or her performance was excused or waived has a much more difficult burden of proof, in most cases, to be successful and obtain damages
The crux of a breach of contract claim in Los Angeles is the other party’s breach, namely what they did or failed to do, and sometimes what they did instead. The breach may be a failure to pay money, or the failure to perform some service, deliver goods or take some other type of action. The action by a party may still be in breach of contract if the actions by that party didn’t live up to the required standards set forth in the contract.
Since the object of a claim for breach of contract is to obtain compensation for any damages suffered by a party, the person claiming he or she was wronged, must have also suffered some financial damages.
The next question asked of a Los Angeles contract lawyer by most clients is, what are they entitled to as a result of the breach of the contract by the other party.
The general rule is that the injured party is entitled to the benefits he or she would have received if the contract had been performed. This is generally the amount that would compensate the aggrieved party for all the detriment he or she suffered as a result of the breach.
That doesn’t mean, however, your Los Angeles breach of contract attorney can claim emotional stress, punitive damages, try to inflate your damages unfairly, or obtain damages which cannot be clearly ascertained.
However, an injured party may obtain damages for lost profits, for his or her expenditures, for interest, and if the contract provided for them, even for attorneys’ fees and costs and again, if the contract provides for a specific amount of damages, for these "liquidated" damages.
Each case rests on its own merits and there are different ways to plead and prove a person’s damages. Some remedies under the law are exclusive while in other cases, a client may choose which damages he or she would prefer to obtain, for example specific performance of the contract (the actual performance required of a party as provided for in the contract). On the other hand, a party, may have the option of rescinding the contract (the remedy of rescission) when it has been breached by the other party, and seek restitution (repayment) of the price he or she paid, in other words, his or her consideration.
While the terms of a written contract are extremely important where there is one, there is much more to contract law than simply reading a contract or writing down simple terms such as "if I do this, you agree to pay me that." If you want the right to be paid for your Los Angeles contract attorney’s fees and costs in the event of a breach, for instance, some additional language must be added to the contract providing that the prevailing party in a dispute is entitled to reasonable attorneys’ fees and costs.
There are also many other issues a Los Angeles contract lawyer must analyze in a contract case, among which. are whether a California court would have jurisdiction over the case. This may depend on issues such as where the contract was formed, where it was to be performed and the locations of the parties involved. If the contract was agreed to over the internet, there are another whole set of facts and issues that must be considered.
There is also the issue of which statutes of limitations apply which determine if an aggrieved party can still file a lawsuit in court or whether the time has run out on such a claim. There are different statutes dealing with written contracts as opposed to oral contracts and those statutes vary from state to state. There are also different rules dealing with contracts involving land or real estate, minors, and other situations.
Los Angeles Business Contract Lawyer
If you’ve been damaged by another party’s breach of contract, whether the other party is from Los Angeles or elsewhere and no matter where the contract was to be performed, call Contract Attorney Sebastian Gibson. If you or your company has been accused of breaching a contract, you need to call us as soon as you’ve been accused as certain steps can be taken to reduce your liability.
Business contract Lawyer Sebastian Gibson will be pleased to meet with you whether you simply need legal assistance in drafting and negotiating a contract or need to discuss a breach of contract in Los Angeles. Attorney Sebastian Gibson will review your situation and advise you if there has been a breach and if so, what damages can be obtained for that breach of contract. If, on the other hand, you’ve been sued for breach of contract, Attorney Sebastian Gibson can also defend you or your company.
It matters more than you think who you call in Los Angeles for your contract legal matters. When it matters most, call Los Angeles Breach of Contract Attorney Sebastian Gibson.
