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Home » Archives for Breach of Contracts

Disputes Among Business Partners

March 20, 2017 by Marc Shea

Like all relationships, relations between business partners can become strained, at times to the point of breaking. Disputes can and do arise for a variety of reasons, from lack of communication to outright fraud.  Typical claims that are raised in partnership disputes include actions for accounting, breach of contract, negligence, fraud, and breach of fiduciary […]

Filed Under: Breach of Contracts, Force Majeure - Acts of God

Can a defendant be insured for contract breaches?

March 14, 2017 by Marc Shea

Insurance policies do not provide any coverage (either defense or indemnity) for contract breaches.  Rather,  most liability insurance policies provide coverage for personal injury and/or property damage claims.   Some insurance policies provide coverage for “professional negligence” and/or “errors and omissions.” Depending upon the circumstances of the case, the insurance policy involved, and the allegations of […]

Filed Under: Breach of Contracts, Business Disputes

Mitigation of damages in a breach of contract case

March 5, 2017 by Marc Shea

When a breach of contract occurs, the party not in breach is required to mitigate (i.e., to minimize) his or her damages by whatever means are reasonably available.  A failure to mitigate damages will result in a loss of the right to recover the amount that should have been mitigated. Let’s say, for example, a […]

Filed Under: Breach of Contracts, Contracts, Damages

Remedies for breach of contract: legal, equitable, injunction and rescission

February 28, 2017 by Marc Shea

A “remedy” is the relief a Court may grant upon finding that a wrong has been committed. Remedies for breach of contract fall into two main classifications: “legal” remedies (i.e., the right to be awarded monetary damages) and“equitable” remedies (i.e., the right to some relief from the Court other than damages). Legal remedies With regard to […]

Filed Under: Breach of Contracts, Business Litigation

The Art and Science of Litigation:/Common Challenges

February 4, 2017 by Marc Shea

Clients involved in contested matters come to attorneys for guidance regarding the litigation process.  Oftentimes, clients on opposite sides of a dispute believe 100% in the justice of their cause, yet, in the usual case only one of the sides will prevails in the litigation. Contract litigation attorneys are schooled in the art of risk […]

Filed Under: Breach of Contracts, Business Disputes, Business Litigation, Contracts

Amending Contracts

January 28, 2017 by Marc Shea

Written contracts can generally be modified only by another signed writing or by an “executed” oral agreement (i.e., an oral agreement actually performed).  Oral discussions about modifying a written  contract which are not executed (performed) will not change the contract terms. At times, the parties will present to the Court a series of emails to […]

Filed Under: Breach of Contracts, Business Disputes, Business Litigation, Contracts

Statute of limitations for breach of contract disputes

January 19, 2017 by Marc Shea

Statutes of limitation are deadlines imposed by law regarding breach of contract disputes. They define the date by which a legal action must be filed or be barred for untimeliness. In the case of a written contract, the statute of limitations is 4 years from the date of breach. In the case of an oral […]

Filed Under: Breach of Contracts, Business Disputes, Business Litigation, Contracts, Statute of Limitations

Resolving litigation through settlement agreements

January 11, 2017 by Marc Shea

Courts favor settlement agreements because they bring litigation to a close and allow the parties and the Court to go onto other matters. Professionally prepared settlement agreements will normally include a covenant all disputes – whether known or unknown – are being settled, and that the parties agree to waive the protections of Civil Code […]

Filed Under: Breach of Contracts, Business Disputes, Business Litigation, Contracts

Revised Limited Partnership Act: a law that addresses the problem of incomplete or informal contracts.

January 2, 2017 by Marc Shea

It is not unusual to find that the written contract(s) between business partners do not speak to the precise issue that has arisen.  Such gaps in contract language may be filled in by law. California’s Revised Uniform Partnership Act (“RUPA”), for example, provides that “To the extent the partnership agreement does not otherwise provide, this […]

Filed Under: Breach of Contracts, Business Disputes, Business Partnerships

Common Contract Disputes

December 22, 2016 by Marc Shea

Common contract disputes and the types of litigation claims associated with those contracts include: Real property sales and purchase contracts.These contracts frequently give rise to claims for breach of contract, specific performance, constructive trust, improper disclosures, and fraud. Real estate lease agreements.Commercial lease and residential lease contracts give rise to claims for breach of contract, […]

Filed Under: Breach of Contracts, Business Disputes, Contracts

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