Breach of Contract Breach of ContractIf you are involved in a business agreement, one of the first things to determine is whether the promise or agreement at issue will be considered an enforceable contract under the law. While contracts usually involve promises to do something (or refrain from doing something), not all promises are contracts. How does the law determine which promises are enforceable contracts and which are not?

Written Contracts

A written contract is usually pleaded by setting it out in its entirety in the body of the complaint or by attaching a copty. The other method of pleading is by alleging the making of the contract, and then alleging the substance of its relevant terms.

“A written instrument is presumptive evidence of a consideration.” (C.C. 1614.) Therefore, it is not necessary to plead the existence of consideration to support the contract.

Oral Contracts:

If oral, the exact words used can seldom be correctly alleged, and are evidentiary in nature. Hence, the oral contract is pleaded according to its legal effect.
But the complaint is subject to a general demurrer if the allegations fail to show the nature of the contract with certainty.

Implied Contract:

An implied in fact contract arises from conduct, without express words of agreement. Accordingly, “only the facts from which the promise is implied must be alleged.”

 

Call NOW toll free at (714) 665-1900 for a FREE CONSULTATION with NO RECOVERY – NO FEE (No Up-front Costs, Fees or Charges) should you feel like your rights may have been violated.Contact via email

Toll Free (714) 665-1900

Monday – Friday 8:30am to 5:30pm

Employment Law Offices of Janeen Carlberg
335 Centennial Way TustinCA92780 USA 
 • 714-665-1900