18
2009
Promise Me Not
Breach of contract lawsuits must have a foundation in a legally enforceable promise.
A breach of contract lawsuit isn’t quite as straightforward as many people might think. It isn’t just a matter of someone making a promise and then not following through. There is more to it than that, as not all promises are enforceable in a court of law. The real question becomes just what is a legally enforceable promise as compared to those little promises people make, and then don’t actually follow up on them.
To know what is enforceable is to know what is not enforceable, and that would include things like promises or jokes that a reasonable person wouldn’t take seriously; any undertaking made by someone under the age of 18; assurances made by someone with mental problems; oaths to commit illegal acts and pledges not in writing when they are required to be in writing. There are many other vows that are not legally enforceable as well, but these are best discussed with a skilled Sacramento business lawyer when discussing the possibilities of a breach of contract lawsuit.
There is a fairly strong emphasis on the use of the term “reasonable” in the justice system. This is due to the fact that many cases are decided on the basis of what a “reasonable person under similar circumstances” should have known or done. In other words, that “reasonable person” makes their presence known in the courtroom and to juries trying to arrive at a decision as to whether or not a legally enforceable promise has indeed been shattered. If a contract has been violated, the person who caused the damage (broke the promise) must make it up to the person who lost the benefit of the original promise in the first place.
Suffice it to say that a legally enforceable promise then becomes one made by an adult of sound mind to do or not do something on which another person relies. It’s often not quite that simple, which is why consulting an expert Sacramento business lawyer is a necessity in breach of contract cases. Deciding if a lawsuit is worth it, depending on the facts of the case, may be the first hurdle to surmount, as lawsuits are expensive. There is the option to sue in small claims court, but the limit in California is $7,500.
The best thing to do if faced with a possible breach of contract situation is to discuss all the details of the possible case with a Sacramento business lawyer. Choose battles like this wisely, as much may be riding on the outcome.
To learn more, visit Lawbarron.com.
Related Posts
Categories
Archives
- June 2015
- May 2015
- April 2015
- February 2015
- January 2015
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
- November 2013
- September 2013
- August 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- March 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010
- September 2010
- May 2010
- April 2010
- March 2010
- December 2009
- November 2009
- October 2009
- September 2009
- August 2009