Businesses take the time to draft, sign, and review contracts because they provide a much-needed layer of security. The contract may be between businesses, between a business and its employees, or even between partners and shareholders. Having these contracts in place allows businesses to make smart decisions. But what happens when the terms outlined in those contracts are broken?

All too often, individuals and businesses breach contracts that they have previously agreed to. When this happens to you, it can come as a huge surprise and completely alter your plan of action for your business. Many people feel unsure about their next steps when they believe a contract has been breached, and too many people fail to seek legal action to ensure that both parties uphold their end of the bargain. This is where having the right attorney will make all the difference.

Proving Breach of Contract

In most breach of contract cases, there are a few key facts that need to be established in the court. 

Those include:
  • Proof that the contract existed to begin with
  • Proof that one party breached the stipulations outlined in the contract
  • Proof that said party is the proper party to sue for breach of contract
  • Proof that you or your business suffered monetary loss as a result of the breach of contract

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Steps for Plaintiffs vs. Defendants

The general facts above are only part of what the court will want to see in your breach of contract case. Depending on whether you’re the one who takes the case to court or you’re being accused of breaching a contract, there are several other steps you should take to prepare.

In general, plaintiffs must prove to the court that:

  • They can identify the party that breached the contract
  • There was an existing contract with said party
  • They upheld their end of the contract
  • The other party breached the contract

Essentially, it will be your job as plaintiff to prove to the court that there was definitely a contract with this party and that this party clearly breached the agreement. This is much easier said than done.

If you are a defendant preparing to go to court for a breach of contract case, you’ll need to be prepared to prove any combination of the following:

  • The other party did not uphold their end of the contract (for example, if they failed to provide the service in the contract, you shouldn’t be required to pay the fee for that service)
  • The contract that they claim you violated never existed in the first place
  • You already completed the actions outlined in the contract and did not breach the agreement
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Breach of Contract Attorney in Orange County

If you are seeking legal representation in southern California, look no further than attorney William B. Hanley. He has been in practice since 1974 in a wide range of legal areas, including employment law, environmental law, personal injury, and trust, business, commercial, real estate, and construction litigation. Bill works closely with both individuals and businesses, and he provides a personal involvement in each client’s unique issues. Contact him today and give your case a fighting chance in court.