Jerry L. Freedman, A Professional Corporation
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Breach of contract: real-world issues, considerations

In the real world … .

How many times does that phrase preface a sentence somewhere each day in California and across the United States, and in contexts ranging from, well, A to Z?

The meaning of those words is certainly clear enough when uttered by one person to another.

To wit: I get what you're saying, but it smacks of science fiction far more than it does of reality. In a realm where common sense prevails, your assessment regarding [whatever] commands about as much weight as a feather.

Take contracts, for instance.

When executed between business parties, they stand as a testament to hope, namely, the desire between company principals that what they have negotiated and agreed upon will come to fruition and not be subsequently undermined by problems.

"Problems" can be denoted another way, namely, as contract breach. In the real world … .

Well, we know that our readers certainly get the point. Business expectations simply implode sometimes, leaving a contractual mess that needs to be dealt with.

How does a wronged business party go about doing that, especially when another party has committed a contractual breach that results in verifiable and material damages?

Well, that depends. With input from a proven business and commercial attorney well experienced in handling contract breach matters for clients, a business principal injured by another entity's failure to contractually perform might reasonably proceed in one of several ways.

For example, disputing parties might seek to deal purposefully with a breach through informal negotiations and/or a process that stops short of formal adversarialism in a courtroom, such as mediation or arbitration. In some cases, going to court is a flat necessity.

And an aggrieved business party might need to think carefully about the legal remedies that are available and make the most sense to pursue. There can be a menu of choices (e.g., compensatory damages, contract cancelation and restitution, specific performance and more).

Seasoned legal counsel can help sort things out and enable a party who has suffered damages to pursue the strategy that makes the most sense.

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