Shea & McIntyre, P.C.

Shea & McIntyre, P.C.

San Jose, CA Employment Law, Real Estate Law & Business Law Attorneys

Call (408) 298-6611 to Speak with an Attorney
Serving San Jose and Surrounding Areas

  • Home
  • About Shea McIntyre
  • Attorneys
    • Marc L. Shea
    • John F. McIntyre, Jr.
    • Kevin Elliott
  • Practice Areas
    • Business Disputes
    • Business Formation & Corporate Counseling
    • Business Transactions
    • Civil Litigation & Civil Trial
    • Contracts
    • Discrimination & Harassment
    • Employment & Severance Agreements
    • Enforcement of Judgments
    • Real Estate Law
    • Wage & Hours
    • Wills & Trusts
    • Wrongful Termination
  • Blog
  • Contact Us

When Does a Breach of Contract Occur?

By Marc Shea on Feb 6, 2020

A breach of contract occurs the party in breach fails to perform timely. Often, some leeway is given for time of performance.

It is not unusual for a party expecting performance to wait awhile (a few days, a week, maybe more) for the promised performance.   Oftentimes, a phone call, email, or letter, can clear up when that performance will occur.  If nothing is said in the contract about when the performance will occur, the law will imply a term of reasonableness under the circumstances existing at the time the contract was made.

Timing is important in many types of contracts.  Such contracts often make contain an explicit “time is of the essence” clause, and spell out the consequences for failing to perform timely.

Breach of Contracts, Business Disputes, Contracts

Latest Blog Posts

  • Non-compete Agreement in Employment Contracts
  • Nondisclosure Agreements and Trade Secrets
  • Independent Contractor Agreements
  • Severance Agreements for Executives
  • Severance Agreements

You Need Our Expertise on Your Side

We look forward to helping you resolve your legal issues. To discuss your situation with an experienced attorney call (408) 298-6611 today to make an appointment. You can also send us an e-mail using the form below.

This field is for validation purposes and should be left unchanged.

Effective Legal Help For Your Employment & Business Issues

Call Us: (408) 298-6611

Visit Us

2166 The Alameda
San Jose, CA 95126-1144
(408) 298-6611

Our Attorneys

  • Marc L. Shea
  • John F. McIntyre, Jr.
  • Kevin Elliott

Practice Areas

  • Business Disputes
  • Business Formation
  • Discrimination & Harassment
  • Civil Litigation & Civil Trial
  • Employment
  • Wage & Hours
  • Contracts
  • Enforcement of Judgments
  • Real Estate
  • Wills & Trusts
  • Wrongful Terminations

©2025 Shea & McIntyre, P.C. All Rights Reserved.

Disclaimer | Privacy Policy