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General Breach of Contract Types

Jan 28, 2021

general breach of contract typesBreach of contract is a primary claim when potential litigation is being considered between two or more contracting parties. All duly enforceable contracts are designed to provide explicit details regarding considerations and responsibility for each party concerning an interaction with the others. While many contracts are two-party arrangements, this is not necessarily the situation in all agreements. Regardless of the number of parties signed on to an agreement, all parties must abide by the rules as described in writing, including seemingly minute details specified in the wording. Legal professionals like you will find an expert San Jose contract attorney at the Law Offices of Nicholas D Heimlich advise that there are four categories of contract breach claims that are typically associated with a legal dispute.

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Material Breach

A material breach of contract dispute will always be supported by some form of material documented evidence and involve a direct violation of a central element of any contractual agreement. While the primary breach of contract is usually obvious based on the material evidence, the damages can be claimed on both direct and indirect impact.

Partial Breach

Not all disputes are based on a direct breach of an agreement, nor do the claims indicate a total violation. Any portion of an action or failure to act can be claimed with damages requests often being limited to the actual financial injury associated with the claim.

Anticipated Breach

Anticipatory breach of contract usually happens when one contracting agent knows in advance that they will be unable to fulfill their obligations per contract stipulation. Parties who realize this situation in advance will many times notify those who will not receive the stated consideration per the agreement, but this does not relieve the negligent party from civil liability for failure to provide services.

Actual Breach

An actual breach of contract is exactly what the term states, and it will include a breach that has already occurred for the most part. This type of breach can include failure to provide the services or product by a specified deadline or when a product or service is not fully completed as directed by the contract. This is the most common type of breach and can include considerable litigation when claims are strongly contested.

Potential Remedies

It is important for all parties involved in any contract dispute to understand that there are remedies available outside of formal litigation like making sure your business has legally enforceable contracts dispute resolution method where it is possible because the issues are discussed informally with each party having legal professionals who can direct the negotiations and ensure their client’s interests are protected. An effectively renegotiated agreement is usually the desired outcome, which can still include damages payment in some amount. All information in a mediation procedure will remain private when agreed upon by all parties, except if a party must enforce the agreement. Arbitration is also an alternative dispute resolution method, but it is a formal process which is basically a private trial that is decided by an Arbitrator who acts as a Judge.. An Arbitrator (or more than one) will review all evidence provided by each party and issue a ruling based on existing contract law in association with the specifics of the contract in question.

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It is important to remember that not all claims of contract breach are valid, and to make sure you know the key differences between state and federal courts when disputing a breach of contract. It is always important to defend against frivolous claims being made by unscrupulous parties regarding any established enforceable agreement. Any business in California who is involved in or has a breach of contract claim should call the legal professionals at the Law Offices of Nicholas D Heimlich San Jose contract law attorney and let them put their expertise to work for you if you’re in the San Jose, Santa Clara, Mountain View, Palo Alto, Los Gatos, and Saratoga areas.

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C O Lee Boyce Jr
C O Lee Boyce Jr
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Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
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I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
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Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
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Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
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Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
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This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
Jay Kamdar
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I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
Rami Gideoni
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I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
I A
I A
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Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
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Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
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Bay Small Moves
Bay Small Moves
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Andyn79 Nguyen
Andyn79 Nguyen
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He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
M C
M C
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I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Mark Brown
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Bonnie Nevitt
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My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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