THE RIGHT CHOICE

Palm Springs Contract Lawyer

Palm Springs Contract Lawyer Sebastian Gibson

Palm Springs Business Attorney Sebastian Gibson, The Right Choice in Business

When you’ve poured your blood, sweat and tears, and years of your life into building up your business, finding the right Palm Springs contract lawyer to protect it is the best way to ensure all your efforts are not in vain.

Whether you need contracts drafted, copyright or trademark protection, representation in litigation, corporate formation, restructuring or dissolution, or simply down to earth business advice, you deserve the finest in legal service.

Palm Springs Contract Lawyer Sebastian Gibson offers business owners in the Palm Springs area with more than 40 years of representing business and corporate clients and is ready today to assist you today in your endeavors to grow and prosper without legal worries.

When you work with Palm Springs Contract Lawyer Sebastian Gibson, you’re working with an attorney who is named a Top Lawyer in the prestigious Palm Springs Life Magazine year after year, and who’s been named a “Superb” Lawyer, their highest rating, by Avvo, which rates attorneys all across the U.S.

In Sebastian Gibson you have one of those rare attorneys with experience not only representing small and medium sized businesses in California, but a lawyer who has also represented multi-national corporations internationally as well while working in London.

We Know Contracts and Agreements, Palm Springs Contract Attorney Sebastian Gibson

What most people usually want to know from a breach of contract lawyer such as Palm Springs contract lawyer Sebastian Gibson is whether they or the other party have broken that agreement and whether they are obligated to pay for breaking that contract or agreement in California.  With the economy still only slowly improving in the Palm Springs and Palm Desert area, contract lawyers in the Coachella Valley have unfortunately been busy evaluating breach of contract matters in a wide variety of business settings.

In order to determine the answer to who’s entitled to what when a contract is breached in California, a contract attorney must review the contract in its entirety and learn what happened from the client. If the contract is in writing, the written terms of the contract for the most part will determine the answers to those questions. But it is still usually necessary for a lawyer in California to advise a client how the law looks at the terms of the contract.

We Have Decades of Experience in Contract Matters

Palm Springs contract lawyer Sebastian Gibson has now been named one of the Top Lawyers of 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012 and 2011 by Palm Springs Life Magazine.  He’s been called “Brilliant” and “A Legend.”  If you want a top Palm Springs contract lawyer on your side, call Sebastian Gibson at (760) 776-1810.

Palm Springs Contract Lawyer Sebastian Gibson has over 40 years of experience advising clients with their contract matters both in the U.S. and internationally.  With law degrees and experience as a contract lawyer in both the U.S. and the U.K., Sebastian Gibson is one of the most uniquely experienced and talented attorneys in the Coachella Valley for contract matters.

Palm Springs Contract Lawyer Sebastian Gibson

California Contract Law

If the agreement was not 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 the contract under California contract law, or in other words, whether one of the parties broke their agreement, it is required to determine if one of the parties performed their promises under the contract agreement.

For one party 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 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 is the other party’s breach. The breach may be a failure to pay money, or the failure to perform some service, deliver goods or take some other action.

Since the object of a claim for breach of contract is the damages suffered by a party, the person claiming he or she was wronged, must have also suffered some financial damages.

The next question for clients is what are they entitled as a result of the breach of the contract by the other party.  When you call our office to arrange a consultation with a Palm Springs contract lawyer, we will evaluate the facts of your situation, review your contact and give you our analysis.

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, you 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 must choose which damages he or she would prefer to obtain, for example specific performance of 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 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 attorney’s fees and costs in the event of a breach, for instance, some additional language must be added to the contract.

In California, a prevailing party in a contract dispute is entitled to attorneys’ fees only if the contract provides for this.  If the contract is silent, each party is responsible for their own attorneys’ fees and costs.  This is often crucial to a decision by a client of whether or not to go forward with litigation.

There are also many other issues a California 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 and determining 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 and 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.

Call Palm Springs Contract Lawyer Sebastian Gibson

When It Matters Most, Call Palm Springs Contract Lawyer Sebastian Gibson For Breach Of Contract Litigation in Southern California

We’ve been advising business clients in the Palm Springs and Palm Desert area for well over a quarter of a century.  We’ve drafted contracts for them, negotiated their contracts, revised their contracts, advised them to include additional terms to their contracts, and on occasion when the contracts they’ve been given are so onerous they will be disastrous for our clients, we’ve advised them not to sign such contracts.

If you need a Palm Springs contract lawyer in the Palm Springs and Palm Desert area who specializes in contract matters and has over 40 years of experience with contracts both in the U.S. and internationally, call Sebastian Gibson today.

If you have a contract that’s been breached by another party or if you are being sued by someone over a breach of contract, call Palm Springs Contract Lawyer Sebastian Gibson for a consultation at (760) 776-1810 for breach of contract litigation in Southern California.

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