In California civil litigation, a breach of contract occurs when one party fails to fulfill their obligations under the terms of a legally binding agreement. To establish a breach of contract claim, the plaintiff must demonstrate the existence of a valid contract, the defendant’s failure to perform a specific term or condition within that contract, and that the plaintiff suffered measurable damages as a result of the breach. A breach can either be material (substantial failure to perform) or minor (a partial failure that doesn’t defeat the purpose of the contract). For example, a material breach might involve a contractor failing to complete a construction project, while a minor breach could involve a delay in delivering goods that doesn’t significantly harm the buyer.
When a breach occurs, California courts typically seek to put the non-breaching party in the position they would have been in had the contract been fully performed. Remedies for breach of contract may include compensatory damages, which cover direct losses from the breach, and consequential damages, which address indirect losses caused by the breach. In certain cases, the court may also order specific performance, compelling the breaching party to complete the contract, or grant restitution to return the injured party to their original position. However, to successfully claim damages, the non-breaching party must also show that they fulfilled their own contractual obligations or were excused from doing so, and that they have made reasonable efforts to mitigate any losses caused by the breach.
