What are my legal options after a breach of contract?

If you or another party has breached a contract, then it must be determined whether the breach is material or immaterial in order to determine the appropriate remedy. An immaterial breach typically involves a minor error that results in little if any actual harm. A material breach undermines the purpose of the contract and may lead to damages being paid by the breaching party.

For example, if you contract with Company A to have the company clean your place of business each Tuesday, but Company A is late one week and does the cleaning on Wednesday, then it is likely that the breach will be immaterial. That is, unless you can show how the late cleaning resulted in damages to you.

The contract itself can specify what would constitute a material breach. For example, if the contract between you and Company A specified that the cleaning must be done for safety purposes, and thus time is of the essence, then the late cleaning may hold up operations and cost you money. The breach would likely be seen as a material breach, as the contract presumed that you would incur damages as a result of the breach.

Depending on the circumstances, different remedies are possible for a breach of contract. Damages -- or some form of payment from the breaching party to the other -- are the most common kind of remedy, and there are different kinds of damages for different situations. The party harmed by the breach may also seek restitution after cancelling the contract, or the harmed party may seek what is called specific performance, whereby a court orders the breaching party to perform a contractual duty.

The business lawyers of Shulman, Hodges & Bastian handle a variety of transactional matters, including the drafting of contracts and disputes over breach of contract. To learn more about our full-service approach to business law, please visit our transactions overview.

No Comments

Leave a comment
Comment Information
  • NBLSC Board Certified Lawyer Rated By Super Lawyers | Ryan P. Durham Rated By Super Lawyers | Ben Boston
  • Tennessee Association For Justice | Member 2015-2016 American Association For Premier DUI Attorneys The National Trial Lawyers | Top 100 Trial Lawyers
  • American Institute of Family Law Attorneys | 10 best 2015 American Institute of Personal Injury attorneys | 10 best 2016

Schedule a Consultation Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Shulman Bastian LLP | Full Service. Business. Lawyers.

100 Spectrum Center Drive
Suite 600
Irvine, CA 92618

Map & Directions

3550 Vine Street
Suite 210
Riverside, CA 92507

Map & Directions