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Breach of Contract Attorneys in Southern California

Contracts are the lifeblood of business operations, governing everything from vendor agreements to employee relationships.

When a contract is breached, it can lead to significant financial and operational disruptions, leading to a dispute that may require legal intervention.

At Bochnewich Law Offices, we are committed to helping individuals and businesses across Southern California—including Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County—resolve these disputes efficiently and effectively. If you’re facing a breach of contract issue, contact us today to schedule a consultation and learn how our dedicated team can assist you. 

Types of Breaches

Understanding the types of breaches can help you determine the appropriate course of action. Here are the primary categories: 

  • Material breach: A material breach is a significant violation that undermines the contract's core purpose, rendering it irreparably broken. This type of breach often results in the non-breaching party seeking substantial remedies, including termination of the contract. 

  • Minor breach: Also known as a partial breach, a minor breach occurs when one party fails to perform some aspect of the contract, but the overall agreement remains largely intact. The non-breaching party may seek damages but is generally expected to continue fulfilling their contractual obligations. 

  • Anticipatory breach: An anticipatory breach happens when one party indicates, either explicitly or implicitly, that they will not fulfill their contractual duties. This allows the non-breaching party to take legal action before the breach actually occurs. 

  • Actual breach: An actual breach is a clear, unequivocal failure to perform as promised under the contract terms. This type of breach often leads to immediate legal action and the pursuit of remedies. 

Understanding these types of breaches allows businesses to identify the appropriate legal response and seek the necessary remedies to protect their interests. 

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Elements of a Breach of Contract Claim

To successfully claim a breach of contract, several elements must be established: 

  1. Existence of a valid contract: A legally-binding contract must exist, with clear terms and mutual consent from all parties involved. 

  1. Performance by the plaintiff: The plaintiff must demonstrate that they have fulfilled their contractual obligations or were excused from doing so. 

  1. Breach by the defendant: It must be proven that the defendant failed to perform their duties as specified in the contract. 

  1. Damages: The plaintiff must show that they suffered losses as a direct result of the breach. 

Understanding the elements required for a breach of contract claim is essential for any business owner dealing with contractual disputes.  

Common Defenses Against Breach of Contract Claims

Defendants can employ several defenses to counter breach of contract claims: 

  • Lack of capacity: If one party lacked the legal capacity to enter into the contract—due to age, mental state, or other factors—the contract may be deemed invalid. 

  • Duress or undue influence: Contracts signed under duress or undue influence are not legally binding, providing a valid defense against breach claims. 

  • Mistake: A mutual mistake regarding a fundamental fact of the contract can render it void, serving as a defense against breach claims. 

  • Impossibility or impracticability: If unforeseen events make fulfilling the contract impossible or impractically difficult, this can be used as a defense. 

  • Fraud or misrepresentation: If the contract was entered into based on fraudulent information or misrepresentation, it can be invalidated, negating breach of contract claims. 

By understanding these common defenses, businesses and individuals can better prepare for potential disputes and strengthen their legal strategies. 

Remedies for Breach of Contract

When a breach occurs, several remedies are available: 

  • Compensatory damages: These are intended to cover the direct losses and costs incurred due to the breach. Compensatory damages aim to put the non-breaching party in the position they would have been in had the breach not occurred. 

  • Consequential damages: Also known as special damages, these cover indirect losses that result from the breach, such as lost profits. 

  • Specific performance: In cases where monetary damages are inadequate, the court may order the breaching party to fulfill their contractual obligations. 

  • Rescission: This remedy involves canceling the contract and returning both parties to their pre-contractual state. 

  • Restitution: Restitution aims to prevent unjust enrichment by requiring the breaching party to return any benefits conferred upon them by the non-breaching party. 

By understanding and utilizing these remedies, businesses can effectively address breaches of contract, ensuring that their rights and interests are safeguarded. 

The Role of a Civil Litigation Lawyer

Navigating a breach of contract dispute requires legal expertise and strategic guidance. A civil litigation lawyer plays a crucial role in evaluating the validity of the contract, assessing the strength of the claim, negotiating settlements, and representing clients in court.  

At Bochnewich Law Offices, we understand issues that came come from breach of contract disputes and are committed to protecting your interests. Our experienced team is well-versed in handling these matters and will work tirelessly to achieve the best possible outcome for you. 


What are the first steps to take if I suspect a breach of contract? 

If you suspect a breach of contract, the first steps you should take include reviewing the contract terms to confirm the breach, gathering all relevant documentation and evidence, and contacting the other party to seek clarification or resolution. It's also prudent to consult with a civil litigation lawyer to understand your legal options and strategy moving forward. 

How long do I have to file a lawsuit for breach of contract? 

The statute of limitations for filing a breach of contract lawsuit varies by state. In California, the timeframe is generally four years for written contracts and two years for oral contracts from the date the breach was discovered. It's important to consult with a legal expert to ensure you file within the appropriate time limit. 

What kind of evidence is most effective in a breach of contract case? 

Effective evidence in a breach of contract case typically includes the original contract, any amendments or modifications, correspondence (emails, letters, memos) between parties, proof of fulfillment of your obligations, and evidence showing the other party's failure to meet their contractual duties. Financial records demonstrating damages suffered due to the breach are also crucial. 

Can a breach of contract be resolved without going to court? 

Yes, a breach of contract can often be resolved without going to court through alternative dispute resolution methods such as negotiation, mediation, or arbitration. These methods can be less costly and time-consuming than litigation and can lead to mutually agreeable solutions. 

What are the costs associated with hiring a civil litigation lawyer?

The costs associated with hiring a civil litigation lawyer can vary widely based on the case, the lawyer's experience, and the fee structure (hourly rate, flat fee, contingency fee). Initial consultations may be free or charged at an hourly rate. It's important to discuss fee arrangements upfront to understand the potential financial commitment. 

Breach of Contract Attorneys in Southern California

Understanding breach of contract claims is vital for business owners and entrepreneurs looking to safeguard their operations. From identifying the type of breach to knowing the available remedies, being informed can make all the difference in resolving disputes effectively. At Bochnewich Law Offices, we are dedicated to providing comprehensive legal support to businesses throughout Southern California.