Among other things, you need to specify whether that contract is written, oral, or is implied by conduct under California Code of Civil Proc. § 430.10(g). So, to do this, it is possible to attach the contract as an exhibit. It is also possible to specify what parts of the contract were in writing and what they were and what parts of the contract were oral or implied by conduct. Generally, you must make sure that you plead all of the key terms of the contract.
What are some of the key terms?
- Parties to the contract.
- The Date the contract was signed.
- The date each party is supposed to perform their part of the contract.
- The price or details of performance explaining what each party is doing under the contract.
- A contract that only requires one party to do something is likely an unenforceable gift.
Filing a breach of contract lawsuit requires precise legal knowledge and attention to detail. An experienced business attorney can help ensure your contract claim includes all necessary elements for success.
What is required to prove that a contract was created?
The contract terms must be clear enough that the parties could understand which each was required to do. Further, the parties must agree to give each other something of value such as a promise to do something or not to do something and that the parties agreed to the terms of the contract. CACI 302.
What must a person prove to show a breach of contract?
“To prevail on a cause of action for breach of contract, the plaintiff must prove (1) the contract, (2) the plaintiff’s performance of the contract or excuse for nonperformance, (3) the defendant’s breach, and (4) the resulting damage to the plaintiff.” (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186 [169 Cal.Rptr.3d 475].) CACI 303 footnotes.
Breaking Down the Four Required Elements:
To further explain, the contract is the terms of the deal. The second element is that whomever is trying to enforce the agreement must have either performed their part of the agreement or been excused (not allowed) to perform their part of the agreement. The party alleged to have breached the agreement must be shown to have failed to uphold their obligations under the contract. Finally, resulting damage means that the breach of the contract caused the damages that the party seeking to enforce the contract is seeking to recover in the suit.
Understanding these complex legal requirements and building a strong case requires experienced legal representation. A skilled business lawyer can help you navigate California contract law and develop a winning strategy for your breach of contract claim.
Ready to Pursue Your Breach of Contract Claim?
Breach of contract cases require careful preparation, thorough documentation, and deep knowledge of California contract law. Whether you’re dealing with written agreements, oral contracts, or implied contracts, having the right legal representation can make the difference between success and failure in your case.
Contact Nick Heimlich Law to discuss your breach of contract situation. Our experienced legal team will review your case, help you understand your options, and build a strong foundation for your claim. Don’t let contract breaches go unanswered – get the professional legal guidance you need to protect your interests.
