Breach of Contract

The Boesch Law Group breach of contract lawyers are experts at evaluating and litigating contract disputes, saving and amending contracts where possible, and terminating or rescinding agreements where the business relationship must end. Third parties can be held liable for interfering with contracts, or interfering with prospective business relationships which are not supported by written contract.

The purpose of a contract is to formalize an agreement between two or more parties in a particular matter. Contracts can cover a broad range of matters, including the sale of goods or services or real property, the building of business, terms of employment or an independent contractor relationship, the settlement of a dispute, ownership of intellectual property, and almost any subject that can be imagined in the dealings and commerce between people

Areas of Expertise

Contracts can be verbal, written, or implied by the conduct of the parties. Rules govern when contracts must be in writing, when amendments and modifications can be written or oral, and whether representations that induce contracts are enforceable or not. To understand and navigate those rules requires competent counsel. The experienced professionals at the Boesch Law Group know the importance of enforceable contracts. Business runs on agreements between competitors, suppliers, those working together and those agreeing to disagree. When disagreements are irreconcilable, when the writings are uncertain or changed over time, when one party commits a breach of contract or fails to carry out what the contract states should be done, prompt advice of counsel is the best course. Inaction, doing nothing, can waive rights. The Boesch Law Group can evaluate and promptly respond to address breaches, ambiguities, defenses, excuses for breach of contract, duress, fraud and misrepresentation, mistake, lack of consideration, the statute of frauds. Contract disputes can be draining, time consuming and costly. Early advice of counsel most often saves time and money.

In California, the tort of wrongful interference with a prospective business advantage often requires an understanding of contracts, contract clauses, dispute resolution provisions, integration clauses, scope of work provisions, termination clauses. Whether consideration is adequate to support a contract, whether and how disputes are to be resolved, are all considerations that present challenges for a business whose survival may depend upon the expertise of counsel. The lawyers of the Boesch Law Group have provided that expertise in resolving contract litigation and contract disputes for more than forty years.

 

Representative Matters

  • Won for plaintiffs and defendants numerous judgments and settlements involving intellectual property, trade secrets, unfair competition, unfair business practices, passing off, trademark infringements and related business torts.
  • Won numerous judgments and settlements involving shareholder and partnership lawsuits over breaches of contracts and fiduciary duties in numerous industries, including entertainment, law, accounting, automobiles, telecommunications and manufacturing.
  • Won numerous judgments and settlements in commercial cases involving acquisitions, asset sales, mergers, contract breach and covenants not to compete in businesses, from production to hotels, and restaurants to toys, from phones and cars, to real property.
  • Won numerous judgments and settlements involving the distribution of products and services, from newspapers to telecommunications equipment, from oil filters to advertising.
  • Successfully handled hundreds of lawsuits, settlements, negotiations and litigation avoidance counseling, involving breaches of contracts in industries of all types, from retail consumer businesses to entertainment to manufacturing to real estate.
  • Won judgments and settlements against securities brokerage firms, financial advisers, financial institutions, accounting firms and law firms.

 

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