Breach of Contract
California Franchise Law Attorney: (888) 631-0048
At the core of any business, corporation, or company will be a solid contract. Contracts are specific types of legal agreements that establish relationships of trust between parties who have entered into a contract. When a party violates a term, they may be liable for breach of contract.
At Franchise Legal Support, we have more than 30 years of experience representing franchisees who have had their rights directly violated by franchisors. Our Los Angeles franchise law attorney possesses specific legal skills, and we can provide effective services to our clients. No matter how complex your breach of contract, you can be confident that your legal dilemma is in the hands of an experienced and knowledgeable professional when you retain our firm. Our commitment to you means that you can trust our legal team to respond to your needs and support you—whether you own one franchise or ten.
Types of Breach of Contract Disputes
When a franchisor fails to perform the required duties to a franchisee, a franchisee can take legal action with the help of a lawyer. Without seeking proper legal representation, however, you could risk additional losses, more violations of your rights, or other costly repercussions. Our firm has successfully represented franchisees when their rights have been violated.
Examples of breach of contract cases that we have successfully handled include:
- Disputes over royalties
- Non-compete clauses
- Restrictive covenants
- Lease controls and real estate controls
- Franchise agreements
- Encroachment
What Elements Need to Be Proven to Establish a Breach of Contract Claim?
To establish a breach of contract claim, certain elements must be proven.
While the specific requirements may vary depending on jurisdiction and the terms of the contract, here are the general elements typically required:
- Existence of a Valid Contract: The first element is the existence of a valid and enforceable contract. This requires demonstrating that both parties entered into a legally binding agreement, with mutual assent and consideration.
- Performance Obligations: The claimant must show that they performed their obligations under the contract or were ready and willing to perform as required. This includes proving that they fulfilled their duties or were prepared to do so within the specified timeframe.
- Breach of Contract: The claimant must establish that the other party breached the terms of the contract. This involves demonstrating that the breaching party failed to perform their obligations or violated any specific terms outlined in the contract.
- Materiality: The breach must be material, meaning it goes to the core or essence of the contract and significantly impairs the benefits expected by the non-breaching party. Trivial or immaterial breaches may not be sufficient to support a claim.
- Notice: In many cases, the non-breaching party must provide notice to the breaching party regarding the alleged breach. This allows the breaching party an opportunity to cure the breach or rectify the situation.
- Damages: The claimant must demonstrate that they suffered actual harm or damages as a result of the breach. This can include financial losses, reputational damage, or other measurable negative consequences directly caused by the breach.
- Causation: The claimant needs to establish a causal relationship between the breach of contract and the damages suffered. They must show that the breach directly led to the harm suffered and that there are no intervening factors responsible for the damages.
Contact Our California Breach of Contract Lawyers
Our seasoned attorneys have extensive experience in franchise law, making them well-versed in the intricacies of franchise agreements and the potential pitfalls that can arise. When a breach of contract occurs, your franchise's success and reputation are at stake. Our California franchise breach of contract lawyers work diligently to protect your interests and resolve disputes in a manner that benefits your business.
Don't let a contract dispute derail your franchise's growth and success. Take proactive steps to resolve the issue with the help of our experienced California breach of contract lawyers. Schedule a consultation today to discuss your franchise dispute and explore how we can protect your interests and get your franchise back on track.
Contact our Los Angeles franchise attorney at (888) 631-0048 if you feel your franchisor isn't living up to the franchise system you bought into!
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