In order to determine if there has been a contract breach, we first make sure a contract exists. California defines a contract as a legal agreement establishing obligations for each party. Additionally, all parties have a reasonable expectation the other party or parties to the contract will fulfill their duties under said contract. When a party does not act in accordance with their contracted promises, there has been a breach of contract.
A breach occurs when any party fails to perform in accordance with the agreed upon contract terms. Therefore, a breach can occur at any time. When there is a breach, the other party can take legal action to obtain a court remedy. Remedies might include allowing the non-breaching party to decline to perform their contract obligation, ordering monetary damages, or providing specific performance of their contract obligations.
Amir H. Afsar, Esq. has been practicing law since 2004 and founded his firm, Afsar Law Group, A.P.C., in 2008. Mr. Afsar and his law firm represent clients and also mediate/arbitrate matters involving business, real estate, construction, and automotive legal claims throughout California. Mr. Afsar can be reached at Afsar Law Group, A.P.C. at 760.345.3110, Ext. 22, or via email.