Legal Question in Business Law in California

I signed a contract with someone years ago and he is saying I have breached the contract. I disagree since I did not go against the explicit wording of the contract. Who determines a breach and what should I do?

Asked on 5/28/13, 8:12 am

4 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
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A judge will determine the breach of contract.

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Answered on 5/28/13, 8:14 am
Anthony Roach Law Office of Anthony A. Roach
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A judge determines the breach of contract on a motion or a demurrer, if the issue is properly raised. If there is a dispute over facts that may or may not give rise to a breach, then that goes to a jury if properly requested by either party.

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Answered on 5/28/13, 8:19 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law
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While the question would be "finally" resolved in court, by a judge or jury, and perhaps by a panel of judges in an appellate court, or by an arbitrator or arbitrators if the contract called for arbitration, one or both parties can get a quick, inexpensive and pretty accurate forecast of how a court would rule. Simply take the contract to an attorney experienced in contract law after arranging with him or her for a free initial consultation. I'd be willing to do so.

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Answered on 5/28/13, 8:48 am
Bruce Beal Beal Business Law
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You said "years ago". The statute of limitations period within which time you must file a breach of contract claim is 4 years from the date of the claimed breach. You may have an absolute defense. See a lawyer.

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Answered on 5/29/13, 9:32 am

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