In general, if you have a breach of contract case, you probably will want to hire a litigator or civil litigation attorney with experience in contract cases or the type of dispute at issue. A litigator generally refers to a lawyer that handles lawsuits or court cases.
What law does breach of contract fall under?
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance.
What kind of lawyer looks over contracts?
A contract lawyer specializes in the handling of issues arising from contracts, and can be consulted for a wide range of contract-related issues.
Can you sue for any breach of a contract?
Most written contracts in California have a four year period to sue from date of breach or reasonable discovery of breach. While each state may have different statue of limitations, (the time in which a party must bring suit) most give a longer statue of limitations to written contracts than to oral contracts.
How can you fight a breach of contract?
Be Prepared for Remedy
- Damages – Paying damages to the suing party in a breach of contract lawsuit is the most common remedy. …
- Specific Performance – If payment does not remedy the situation, the non-breaching party may seek court-ordered performance of the contract, known as specific performance.
What 3 elements must a breach of contract claim?
2006) (“The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) the plaintiff’s performance or tendered performance; (3) the defendant’s breach of the contract; and (4) damages as a result of the breach.”)
What is the punishment for breach of contract?
Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution. Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened.
How much do lawyers charge to review a contract?
The cost of engaging a contract lawyer depends on the complexity of the contract, whether specialist knowledge is required (for example, an industry code or regulation) and the experience of the lawyer. Some lawyers can charge between $500 to $2000 per contract to be reviewed.
Can a lawyer look over a contract?
If you decide to choose the basic contract review, your lawyer will look over your agreement on the surface level, answer any questions that you may have about it, and inform you if you need to pay special attention to an issue. … They may require some research or revisions to the contract.
Can I hire a lawyer to read a contract?
Hiring an attorney to review a contract can be expensive, however, it’s an extremely valuable process. This is because an attorney brings along years of experience and training to guide you. The contract attorney’s knowledge can contribute to you getting the best deal possible in the contract you’re creating.
How hard is it to sue for breach of contract?
To sue someone for breach of contract, you must first prove that the contract existed and was valid. … If you have an oral contract, you may present evidence of that contract to the court to prove that you had an agreement with the other party. Oral contracts, however, may be difficult to prove.
Is breach of contract a crime?
Breach of contract is not a crime or even a tort. Punitive damages are generally not an available remedy. The only remedies are to make the non-breaching party whole. The main theory behind this rule is that the law should not punish economically efficient breach.