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California Breach of Contract Lawyer

Our breach of contract lawyer, San Diego, prioritizes our clients’ interests and acts promptly to secure those interests. Our business legal services include everything from analyzing, drafting, and reviewing contracts to contract negotiation and litigation.

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Remedies Our Breach of Contract Lawyers Can Provide You

Our San Diego breach of contract attorney can help you with navigating different remedies available. What those remedies might be will depend on the facts and circumstances. More than one remedy may apply in your unique cases. Potential remedies for a breach of contract include but are not necessarily limited to:

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Compensatory damages,

which are the most common type of remedy for breach of contract, covering the actual loss caused to the non-breaching party – these damages can be viewed in terms of (1) expectation damages where the non-breaching party recovers monetary damages based on the contract itself or the market value; and (2) consequential damages where the non-breaching party recovers indirect damages for reasonably
foreseeable harm resulting from the breach

are the least common type of remedy for breach of contract but when awarded, are meant to punish the breaching party who acted fraudulently, maliciously, or willfully when breaching the contract and to prevent the same type of breaches in the future Specific performance, which is the result of a court order requiring a defendant to perform an obligation under the contract
Punitive damages,

are the least common type of remedy for breach of contract but when awarded, are meant to punish the breaching party who acted fraudulently, maliciously, or willfully when breaching the contract and to prevent the same type of breaches in the future Specific performance, which is the result of a court order requiring a defendant to perform an obligation under the contract foreseeable harm resulting from the breach

An injunction,
An injunction,

which is a court order requiring a defendant not to do something, either temporarily or permanently

Rescission,
Rescission,

which occurs when the court cancels the parties' obligations under the contract so that, theoretically at least, they are in the same position as before the contract was made.

Restitution,
Restitution,

which is a court order requiring the defendant to pay the plaintiff the amount agreed to in the contract–often involving the return of money or property

Defenses That Can Protect You Against Breach of Contract

Worried man facing online fraud
Fraud

 where the plaintiff intentionally misrepresented material facts about the contract, making it fraudulent and therefore invalid

Torn contract representing an invalid agreement
Invalid contract

where the contract does not meet the criteria of a valid contract

Person signing a contract under pressure, representing duress in agreements
Duress

where the breaching party was forced to enter into the contract against their will

Contract being approved despite potential incapacity issues
Incapacity

 where the breaching party did not have the necessary capacity to enter into the contract in the first place–for example, because they were a minor at the time.

Two businessmen reviewing a document, representing mutual mistake in a contract
Mutual mistake

where the contract contains a mistake, different from what both parties intended

Contract on a table with people discussing in the background
Illegality

 where the contract was an agreement to do something illegal – for example, commit a murder

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