defenses to contract

Breach of Contract Affirmative Defenses California Attorney Lawyer Answer Draft Form

Breach of Contract Affirmative Defenses in California – The Ultimate Guide

Affirmative Defenses to Breach of Contract in California Affirmative defenses for breach of contract, also known as particular defenses or performance excuses, are defenses in which evidence is introduced that, if proven by the defendant, will eliminate or mitigate liability for the defendant, even if the defendant is found to have breached the contract. An … Read More

Mitigation Damages Breach Lease Contract Green v Smith California Attorney Lawyer

Mitigation of Damages in Breach of Lease & Contract [California Definition Green v. Smith]

Mitigation of Damages Affirmative Defense to Breach of Lease & Contract in California Parties to contracts should be aware of the duty to mitigate damages by all parties, including landlords. This includes damages for unpaid rent that becomes due after the breach of a lease. This doctrine of mitigation of damages, often called a duty … Read More

Real Estate Statute of Frauds Lawyer Attorney California Riverside Inland Empire Los Angeles Orange County San Diego

Lange v. Schilling – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees in CAR Contracts

Lange v. Schilling (2008) 163 Cal.App.4th 1412 – Refusal to Mediate Before Litigation Sacrifices Right to Attorney’s Fees Under California Association of Realtors (CAR) Form Lease and Purchase and Sale Agreement Buyers, sellers, tenants and landlords should beware of filing a lawsuit before attempting to mediate under the CAR form purchase and sale and lease agreements. … Read More

Coronavirus Force Majeure Contract Lease Termination

Coronavirus Defenses to Breach of Contract Under California Law

Does the Coronavirus Pandemic Excuse Performance of Contractual Obligations? The Coronavirus pandemic will make it more difficult for many parties to perform their obligations under various contracts, including breach of a real estate lease, a purchase and sale contract, a mortgage, a promissory note, and various business and real estate contract. If one of the … Read More

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