Resolving Breach of Contract Disputes and Lawsuits
Many commercial and business litigation disputes and cases are rooted in a breach of contract or a contract dispute of one form or another. Are you concerned about a breach of contract in San Diego? Has the other party broken the terms of the business contract you signed leaving you without the “benefit of the bargain” you were anticipating? Are you concerned your company’s ability to fulfill the terms of a business contract?
The root of a San Diego contract breach is the inability or unwillingness of one party to fulfill their contractual agreements. What has happened? What are the reasons for the contract disruption and can they be resolved? Are you required by law to put the other party on notice in any breach of contract scenario? What does it mean to “mitigate the damages” and how will this responsibility affect the outcome of a your case?
Allen Barron’s commercial and business litigation attorneys provide sound counsel informed by decades of experience in these matters. We represent those who suffer damages due to a contract breach and we defend those who face breach of contract allegations. In all cases we work to resolve the dispute or lawsuit and restore the opportunity for the parties to achieve the “benefit of the bargain” originally intended.
Mitigate the Damages in a Breach of Contract
California law clearly establishes the “doctrine of mitigation” which effectively states any party who suffers damage (financial consequences) as a result of a a broken contract in San Diego or anywhere in California has a legal duty to take “reasonable steps” and exercise “ordinary care and reasonable exertion” to reduce or “mitigate” those damages. The additional costs required to mitigate the damages in these cases become part of the financial recovery sought by the “plaintiff” – the party who experienced financial consequences or damages due to the failure of another party to fulfill a contractual agreement.
Defending a Contract Dispute
There are several substantive legal strategies when defending a contract dispute. The failure of the plaintiff to mitigate the damages may limit or preclude altogether their ability to pursue our clients in these cases. The case must be brought in a timely manner and the failure of the plaintiff to do so provides an affirmative statute of limitations defense. There may have been a simple remedy to the situation which the plaintiff refused to accept. It is not unusual for each party in these cases to feel the other has left part of their contractual responsibilities unfulfilled. In some cases, the actions or inaction of the plaintiffs in these cases can actually result in damages for the defendant.
Experienced Representation in San Diego Breach of Contract Cases
If you feel another party has breached their contract with your company or you have been accused of a breach of contract you need an experienced and skilled breach of contract litigation attorney. The experienced breach of contract attorneys at Allen Barron are prepared to represent either party in a San Diego breach of contract case. We invite you to review the recommendations of our clients and contact Allen Barron or call 866-631-3470 for a free consultation. Learn more about the unique circumstances surrounding your case and how Allen Barron’s experienced and proven commercial and business litigation lawyers can achieve a positive outcome in your case.