We assist property owners, landlords and property management companies in resolving disputes with vendors such as construction companies, pest control companies, towing companies and landscaping companies.
Legal Requirements To Form A Contract
The legal elements necessary to form a contract are:
- parties capable of contracting
- lawful object
Claim For Breach of Contract
The essential elements of a claim of breach of contract are:
- a contract
- the plaintiff’s performance or excuse for nonperformance
- defendant’s breach
Remedies Relating To Performance
When a contract has been formed but a party fails to perform a covenant in the contract, the breach gives the other party remedies for damages, specific performance, or possibly rescission.
The plaintiff is entitled to compensation for all harm caused by the breach that in the ordinary course could be expected to result from it. This limits plaintiff’s recovery to those damages that were within the contemplation of the parties when the contract was entered into or reasonably foreseeable by them at that time. Damages should restore plaintiff to the position he or she would have been in had the contract been performed.
By seeking specific performance a party affirms the contract and asks that it be performed.
Rescission and Restitution
Rescission extinguishes the contract and restores the parties to their original position. Each party typically must return what was received under the contract. A contract may be rescinded by consent of all parties. One party alone may rescind in cases of:
- undue influence
- failure of consideration
- void consideration
- prejudice to public interest
Prevailing party attorney fees are recoverable if provided for in the contract. A contract provision stating fees and costs incurred to enforce the contract are recoverable by one of the contracting parties is read as a matter of law to authorize a fee award to whichever party prevails “in any action on a contract.
No Punitive Damages
Punitive damages are not recoverable for breach of contract, no matter how willful, oppressive or malicious defendant’s conduct was.