Category: Breach of Contract
What is Considered a Material Breach of Contract?
This article defines and describes what is considered a material breach of contract. Orange County business attorneys provide legal representation in contract negotiation and in contract law disputes. There are many circumstances in which one party to a contract is accused of not living up to his part of the agreement. The individual or company […]READ MORE
What is the Legal Doctrine of “Unclean Hands” in California?
What is the Legal Doctrine of Unclean Hands in California? A plaintiff’s claim to recover under a quantum meruit theory is governed by principles of equity. Mains v. City Title Ins. Co. (1949) 34 Cal.2d 580, 586. In accordance with the maxim that no one can take advantage of his or her own wrong, those […]READ MORE
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
Orange County Shareholder Disputes Attorneys
Those who financially invest in businesses clearly have a stake in the activities, and decisions made by the business or corporation in which they have invested. Although these individuals, known as shareholders, don’t wield a great deal of power when it comes to the day-to-day operations of the corporation; they do have legal recourse, in […]READ MORE
Can We Collect Our Attorneys Fees If We Win Our Case?
Recovery of Attorney’s Fees in Contract and Other Business Disputes Under the “American Rule” each party to a lawsuit is responsible for their own attorney’s fees. One of the largest exceptions to the American Rule is where attorney’s fees are authorized by contract. California Civil Code Section 1717 functions to make “one-sided” attorney fee provisions […]READ MORE
Orange County Construction Disputes Attorney
Construction projects involve multiple individuals, bound by contracts, with the end goal of seeing a project through to a successful completion. With countless moving parts, and many dozens of individuals (ranging from architects to subcontractors) involved, putting together a successful construction deal can take months or years, just to get the plans laid out. Because […]READ MORE
Orange County Real Estate Litigation Attorneys
Real estate, particularly in Orange County, CA is a significant investment, which means that when something goes wrong in the purchase, sale, or construction of real estate, there is much at stake for the parties involved. From complex financing to multi-party ownership, to disputes arising between a single seller or owner, to accusations of fraud […]READ MORE
Anticipatory Repudiation in Contract Law During COVID-19
This article discusses and explains the issues concerning Anticipatory Repudiation in Contract Law During COVID-19. The COVID-19 pandemic has thrown the business world into a time of uncertainty. Many businesses are trying to adapt to the new circumstances while others are folding entirely. This situation has put many business owners into a position where they […]READ MORE
7 Key Points of the Force Majeure Legal Doctrine
“Force Majeure” or “superior strength” clauses are often included in contracts as a way to excuse a party’s performance in the event that an act of god or other occurrence makes performance impossible. While historically these clauses have had little application, the Covid-19 pandemic is giving them new relevance. Given force majeure’s resurgence in today’s […]READ MORE
ANTICIPATORY BREACH OF CONTRACT DURING THE COVID-19 PANDEMIC
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. An anticipatory breach of contract is a breach based on the words […]READ MORE