A breach of warranty is when a seller fails to uphold a stipulation related to the contract as promised or stated; it is really a subset of breach of contract. Typically, these claims arise when a product or service fails to meet expectations. In the event of a breach of warrant, the customer’s options to remedy the situation depend on the actual warranty and state law, but usually are limited to customer returning the product for a refund or exchange.
Proving a Breach of Contract or Warranty Claim
A contract breach can significantly impact the parties involved. If you think a breach occurred in your contract, you must establish and prove four standard elements under CA Civ. Code § 1635-1663.
These standard contract elements include:
- Element 1.Existence of a valid contract;
- Element 2. Performance or justification for nonperformance by plaintiff;
- Element 3. Breach of contract by defendant; and
- Element 4. Resulting damages.
California law recognizes written and oral contracts. However, verbal agreements are harder to prove when determining the facts of the case and if you have an actionable claim. Under these circumstances, your attorney would need to build a strategy that involves communications, work product, and receipts, all of which are circumstantial.
Avoiding Anticipatory Breaches of Contract or Warranty
An anticipatory breach occurs when one party is obviously not going to fulfill their obligations as promised. For example, you have paid for a contractor to landscape your property, but your lawn is still in poor condition, and they have not returned your telephone calls for a few weeks. In this case, it is reasonable to believe that a breach of contract is on the horizon.
However, there may be other options to prevent or circumvent this from happening in the first place by working with legal counsel. We can provide guidance to help customers and contractors stay on track or amend the agreement to avoid a breach altogether. Your attorney can also gather evidence throughout the renegotiation process to have it if you need to settle things in the courtroom.
Have Questions About a Breach of Contract? Contact an Experienced Business Lawyer in Los Angeles Today
Hakim Law Group stands ready to help small business owners and entrepreneurs. Our team of skilled and highly reputable business attorneys have worked in top tier international law firms and served as general counsel to major companies. This high level of diverse legal and business experience is paramount to our boutique approach – which produces more efficient, responsive and, ultimately, more effective results. For further information or to schedule an appointment with a leading business attorney in Los Angeles please contact HLG at 310.993.2203 or visit www.HakimLawGroup.com to learn more.
