You can only file civil litigation for breach of contract in California if you meet specific requirements. After all, a breach of contract in California has enormous consequences, so plaintiffs must provide all the proof that the breach violates California law.


One of the most crucial aspects in a California breach of contract case is the contract itself. Anything that's too ambiguous or inexecutable clauses can be used to question a breach of contract claim. This can be used as a defense or as a way to reduce the validity of a claim.


So, what makes a contract a viable and executable one? But, first, let's look at what our  business lawyers in Los Angeles have to say:


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What Makes A Valid Contract In Los Angeles?


Writing something on paper and having people sign it isn't enough to make a valid contract. There should be no ambiguous clauses, and both parties must understand what they're getting into.


Here are a few factors that play into the California law on breach of contract:

  • The conditions of the agreement must have been accepted by the parties. Sometimes acceptance can happen by doing something that subtly indicates agreement with the terms. This can be done, for instance, by doing acts compatible with accepting the agreement or by agreeing to receive the benefits provided by a proposed contract.
  • The parties must have decided to exchange valuable items. In this, a promise not to do something is acceptable. A future gift arrangement, however, is often not enforceable and is subject to cancellation as long as there is no improper reliance.
  • The agreement's provisions must be sufficiently clear for the parties to comprehend what each is expected to do. Not every conceivable phrase must be discussed or agreed to by the parties as long as the fundamental terms are. In breach of contract litigation, courts will typically add any provisions not explicitly addressed by the parties.

The court will consider how the parties have carried out the contract, industry custom, what would be reasonable in the circumstances, and other criteria when determining the missing provisions.


It's best to have a business lawyer in Los Angeles review your contract before finalizing it. In fact, it'll be beneficial to have a lawyer help you draft your business contracts, ensuring you don't have problems with your contract in the future.


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What About Oral Contracts In California?


Regarding the prerequisite that the plaintiff is in compliance before bringing a claim for breach of contract against the defendant, a plaintiff's minor infraction will not preclude the plaintiff's claim. A plaintiff's claim for breach of contract will typically only be precluded by a "material" violation.


Additionally, if the plaintiff's breach is unrelated to the defendant's breach, it won't impact the plaintiff's capacity to bring a claim for breach of contract.


How Do You Prevent These Problems?


Since contracts play a considerable role in your business, they must be as detailed and specific as possible. Doing so ensures you avoid misunderstanding and potential California breach of contract cases.


So, consult with a Los Angeles Business Litigation Lawyer before finalizing a contract in California. Your attorney can help you draft the best business contract and review a possible breach of contract civil litigation.


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Find A Business Lawyer in Los Angeles In Minutes


1000Attorneys.com offers a Free Attorney Referral Service Certified by the California Bar Association that can refer a Business Litigation Lawyer fit to handle their unique business litigation in Los Angeles. In addition, you can contact us via our 24/7 live chat (or complete our case submission form) for a free initial case review.