Contract Law Is The Foundation Of The World We Deal In…
A significant portion of our commercial and business litigation matters are devoted to contract law and contract disputes…as well trying to help our clients in the future to avoid difficult contract situations from ever occurring. Sometimes a statement needs to be made in Court. Other times a written agreement needs to be prepared, or reviewed.
Whether you have a potential breach of contract case or need an attorney’s help with contracts, ARI LAW can help. Contract matters arise in an unlimited number of scenarios, and its genesis dates back tens of thousands of years.
Breach Of Contract And Commercial Contract Dispute Resolution
While Ari Law attorneys are known to be friendly at times in contract negotiations, they are always very aggressive in securing their clients’ interests—we are not afraid to make our zeal a secret and we aren’t afraid to let other parties know how serious we are about protecting our clients’ interests. Through our years of experience we have developed a collegial and professional working relationships and tone with our colleagues—even our adversaries—which provides the best platform for a positive outcome.
We will evaluate contracts, litigation, arbitration, and/or alternative dispute resolution options from a practical perspective and will not apply a cookie cutter approach to your case or needs.
Tenets of contract law, as developed in California, have been adopted over time. Some of these basic principles include:
California CIVIL CODE
- Civil Code 1641. The whole of a contract is to be taken together, so as to give effect to every part, if reasonably practicable, each clause helping to interpret the other.
- Civil Code 1640. When, through fraud, mistake, or accident, a written contract fails to express the real intention of the parties, such intention is to be regarded, and the erroneous parts of the writing disregarded.
- Civil Code 1639. When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible; subject, however, to the other provisions of this Title.
- Civil Code 1638. The language of a contract is to govern its interpretation, if the language is clear and explicit, and does not involve an absurdity.
- Civil Code 1636. A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
- Civil Code 1642. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together.
- Civil Code 1644. The words of a contract are to be understood in their ordinary and popular sense, rather than according to their strict legal meaning; unless used by the parties in a technical sense, or unless a special meaning is given to them by usage, in which case the latter must be followed.
- Civil Code 1647. A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
- Civil Code 1649. If the terms of a promise are in any respect ambiguous or uncertain, it must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.
- Civil Code 1656. All things that in law or usage are considered as incidental to a contract, or as necessary to carry it into effect, are implied therefrom, unless some of them are expressly mentioned therein, when all other things of the same class are deemed to be excluded.
The foregoing principles represent some of the hallmarks of contract law, to be taken into consideration. With regard to our legal services, Ari Law has the experience and provides legal services, in the following areas:
- Breach of Agreement
- Breach of Partnership
- Employment Agreements
- Independent Contractor Agreements
- Licensing Agreements
- Real estate contracts
- Lease agreements
- Purchase and sale agreements
- Construction and subcontractor agreements
- Non-compete NDA and confidentiality agreements
- Franchise agreements
- Partnership agreements
- Performance guarantees
- Financing agreements
Injured parties are entitled to recover damages for losses incurred by the breach of contract. Additionally, other benefits and damages may be awarded such as attorney fees and legal costs or liquidated damages if outlined by the contract and supported by California law.
Providing Experience And Value To Clients
We aren’t afraid to advocate for the best and most favorable interpretation of your contract. In fact, we have become recognized throughout the Bay Area for our dedication, honest approach, and most importantly our results. Since one of the hallmarks of the Firm is consistency and reliability, even down the road, ARI looks at contracts with the expectation that you will later ask for our help down the road if and when important questions inevitably arise. We invite prospective clients to review our successes, testimonials, and credentials, to learn more about our services.
Contact our San Francisco California law office and speak with a commercial litigation lawyer at 415-830-9968 or reach us through our online contact form.