Breach of Contract – Local Regulation Considerations in Los Angeles
The enforcement of contracts, and the process of legally enforcing terms of a contract, can seem like a daunting task2 min read
The enforcement of contracts, and the process of legally enforcing terms of a contract, can seem like a daunting task. Breach of contract claims in the U.S. often involve complicated legal and procedural issues, and can be complicated even further by local regulations. For businesses located and operating in Los Angeles, in particular, Though breach of contract laws are federal in nature, California has some specific and relevant regulations. Understanding the nuances of local regulations is essential for businesses dealing with a breach of contract claim.
When it comes to contract law, the most important element to consider is the validity of the agreement itself. An agreement will only be considered valid if one of two conditions have been met. The first and more usual route is that the agreement must be universal from both sides. This means that both parties involved come to a mutual agreement as to the terms of the contract, and both parties are aware of all of the conditions therein. The second way in which an agreement may be considered valid is if one side can prove that they only agreed to the terms of the contract due to the other party’s fraud, duress, or undue influence.
Once a contract is declared valid, then comes the issue of breach. A breach of contract occurs when one party fails to carry out part of the obligations outlined in the agreement. Depending on the type of breach and the state or local regulations, the non-breaching party can be entitled to various remedies. These remedies can be either damages to cover the costs of the non-breaching party’s suffering or, if the breach is a particularly serious one, specific performance.
In California, there are specific rules and regulations that govern breach of contract claims, and Los Angeles residents should be aware of these regulations when considering filing a breach of contract lawsuit. According to California Civil Code § 1785, the statute of limitations for breach of contract suits is two years, unless the breach is related to a written employment agreement, in which case the statute of limitations is four years. California Civil Code § 1790 also states that a claim of breach of contract can be brought only by a party to the contract.
For businesses located and operating in Los Angeles, seeking out the correct local counsel can be a valuable resource in navigating the breach of contract process. Not only do Los Angeles local attorneys provide knowledge of the available remedies, but they will also understand the nuances of local regulation and the complexities of local court, which can be incredibly useful when filing a breach of contract lawsuit.
At UpCounsel, businesses can easily access experienced attorneys in Los Angeles who are familiar with both California and local regulations. UpCounsel provides businesses with access to a network of experienced lawyers who have an average of 14 years of experience, and their profiles even display ratings and reviews of their past work. UpCounsel can provide you with high quality, cost-effective legal services to help with a one-time consult, ensuring an effective resolution to your potential breach of contract cases.
Topics:
