Do You Have To Consult CACI for a Breach of Contract Case?
When a client fails to perform their contractual obligations, you need to prepare yourself to act correctly. As proper breach of contract procedures depend on state laws, you need to get familiar with these before taking legal action.
If you live in California, your attorney needs to consult CACI breach of contract instructions when preparing your case. This article provides information about these special instructions so that you can understand what lies ahead of you if you decide to sue for damages.
CACI—California Civil Instructions—refers to the official civil instructions and verdict forms that judges and attorneys are encouraged and recommended to use.
Among other areas, these instructions cover breach of contract cases, i.e., explain important elements of a breach of contract claim.
If you choose a lawyer to represent you in court, they should consult CACI to:
- Establish the necessary elements
- Build and control your case
As the CACI instructions change over time, your attorney should make sure they use the latest version available on the California Courts website.
Based on the CACI jury instructions for a breach of contract:
- Both written and oral agreements are valid and enforceable
- You will need to prove four essential elements if you decide to start a lawsuit for a breach of contract in California
These elements include:
- Existence of a valid contract—You need to prove the contract exists and is valid, i.e., you should provide evidence of:
- Offer, acceptance of the offer, and consideration of the agreement
- Both parties agreeing to the terms of the contract
- Plaintiff’s performance or excuse for nonperformance—You, as the plaintiff, have to prove that you either:
- Have performed your contractual obligations
- Were not able to fulfill the contractual terms because the breaching party—i.e., the defendant—made it impossible for you to honor your commitments
- Defendant’s breach of contract—You need to prove that the other party has failed or refused to perform their obligations under the contract
- Damages—When suing for damages, you have to provide evidence of any losses you have suffered as a result of the (material) breach
When a breach of contract happens, you can consider taking some of the following approaches:
|Refuse to perform||If the breaching party fails to fulfill contractual terms, you can decline to perform your part of the contract (e.g., refuse to pay for the agreed-upon but unperformed job)|
|Sue for breach of contract||You can seek monetary damages and other legal remedies at a court of law if you can:
Keep in mind that you need to file a claim within the statute of limitations
|Send a demand letter||Before starting a lawsuit, you might want to try to resolve the problem directly with the breaching party by sending them a demand letter|
If you would like to avoid complex, lengthy, and expensive litigation, you should draw up a convincing demand letter to show the other party that you:
- Know your rights
- Will pursue legal action if they refuse to fulfill their end of the deal
Here is how you can create a demand letter:
- Hire an attorney—Any lawyer can create a breach of contract demand letter, but you need to be aware that this option will probably be the most expensive one
- Visit a collection agency—While a debt collector can help you compensate for your losses, they usually take up to 50% of the collected amount
- Do it by yourself—If you would like to write a letter on your own, you could use online templates or samples. Keep in mind that most of these forms are too generic, so you will have to adjust them to:
- Comply with your state laws
- Meet your case-specific requirements
- Use DoNotPay—Our AI-powered app is familiar with relevant state laws and can automatically generate a demand letter that covers specific aspects of your case
There is no need for you to spend:
- Money on costly lawyers and collection agencies
- Time inspecting and amending numerous templates to suit your case
DoNotPay knows what legal regulations you need to fulfill in your state, and we use this knowledge to help you prepare a watertight demand letter.
The process is straightforward—subscribe to DoNotPay and:
- Open the Client Breach of Contract product
- Answer questions about the breaching party and the agreement you have entered into
- Select a new deadline for the performance of contractual obligations
- Describe the performed services
- Upload any evidence to support your request
Keep in mind that DoNotPay can also help you sue in small claims court if the other party:
- Does not respond to your demand letter
- Keeps refusing to fulfill the contractual terms
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