Legal Question in Business Law in California

Re: Breach of contract

All contracts consist of a mixture of express and implied terms. Terms further break down into covenants and conditions, but the distinctions between these are probably not important here.

The EXPRESS terms of a contract are those that can be found by reading the black and white language on the papers the parties signed.

The IMPLIED terms are those that a court will say are present, whether or not the parties wrote them down. Every contract contains an implied covenant of good faith and fair dealing. Many contracts for the sale of goods or performance of services contain implied warranties.

In your situation, I would say that a re-roofing contract includes an implied warranty that the roof will not collapse two days after the work is completed.

You probably have both a breach of contract (implied warranty) and a negligence cause of action against the roofer; and perhaps other claims and causes of action should be asserted, including breach of express warranty.

The portion of the question regarding the auto inspection requires a different answer, however.

The inspector may be liable for breach of contract, but only if he failed to perform the inspection in a competent manner. An inspector is not an insurer. They breach the contract (including the implied terms) only when they fail to make a competent inspection.

Without further details, I would say you win on the roofing and lose on the auto inspection matters. This is only a guess, not a prediction, and undisclosed facts could have a profound effect on my answer and/or the outcome in court.

Breach of contract

Howdy:

No. In both circumstances, the parties did what they were supposed to do under the contract (built a roor or inspected a car).

It would become a negligence action for not doing it propery, perhaps.

rkr

Re: Breach of contract

No, it is negligence.

Re: Breach of contract

You know what, I am really, really uptight answering this question for fear of what may happen to me two days from now. As for the roof, not only is a breach of contract but a breach of tresses. As for the automobile when that's a whole other story. First of all wear are you now. Look up and see if you see daylight??? Why are you sitting in front of the computer screen and not in front of an attorney. What is wrong with you??? The answer to your questions is not in front of you and see you find an attorney to whom you will tell all of the fax and that person will give you could, confident, legal advice based upon those facts. Not a computer screen based upon two sentences which are catastrophic in and of themselves.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.