Category: Breach of Contract in California
Force Majeure and COVID-19
The COVID-19 pandemic is bringing new relevance to an old contractual principal, “Force Majeure.” This clause discharges certain contractual obligations upon the occurrence of a force majeure event. What obligations are discharged and under what circumstances depend on the language of the specific force majeure clause. These clauses are often included in contracts but historically […]READ MORE
Cause of Non Performance In Force Majeure Contract Disputes
A force majeure clause in a contract may excuse a party’s performance if there is an unpreventable occurrence that disrupts contract performance. The COVID-19 pandemic may be such an occurrence as well as many of COVID-19’s affects. For any of these events to trigger force majeure, however, they must be the actual cause of non-performance. […]READ MORE
Impossibility of Performance and the Commercial Frustration During COVID-19
Impossibility of Performance and the Commercial Frustration During COVID-19 COVID-19 is having a once in a generation impact on businesses and their operations. During this dynamic and uncertain time, business owners may be faced with no choice but to breach a contractual obligation, or be on the other side of a broken contract. Can the […]READ MORE
Pursuing and Defending COVID-19 Claims and Lawsuits
With the COVID-19 outbreak spreading across the globe and causing untold health and economic damage prompting legal action by businesses, consumers, workers, homeowners and many others. These so-called “coronavirus lawsuits” will come in all shapes and sizes. Some legitimate, some frivolous. From breach of contract claims to commercial frustration to employment and wrongful termination cases, […]READ MORE
Fraud in the Inducement as a defense to breach of contract claim.
Fraud in the Inducement as a defense to breach of contract claim. Business litigation attorney Gregory G. Brown recently represented a multi-state mortgage lender in a high six-figure contract dispute over the development and performance of an online marketing software engine and lead development campaign. The binding commercial arbitration occurred at JAMS Orange County. The […]READ MORE
What Are the Remedies for Breach of Contract?
What are the Remedies for Breach of Contract? Breach of contract disputes happen every day in Southern California. If you’ve been harmed by another’s failure to uphold their legal obligation, you may have recourse. First, it’s necessary to determine whether the breach of contract constitutes a partial breach of contract, or a total breach of […]READ MORE
CAN YOU SUE IN CALIFORNIA FOR BEING LIED TO?
Can You Sue in California Courts for Being Lied To? In California, fraud actions are commonplace and can arise from a variety of situations. However, winning a fraud case is difficult unless you have an experienced attorney helping you prove all elements of fraud. What is Fraud? Fraud occurs when a party makes dishonest or […]READ MORE