Overview on Fraud Claims and Breach of Contract Lawsuits in California

Fraud claims and breach of contract are very different legal cases. It should be noted, however, that there are various circumstances where a breach of contract can involve fraud. For the most part, fraud claims cannot be filed simultaneous to a breach of contract, when both are based on the same set of facts and issues.

In a case where both claims have been filed at the same time, a court will generally focus on the claim regarding the breach of contract. This will disregard the fraud claim as being duplicative, particularly when the claim restates that facts included in the breach of contract claim.

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Breach of Contract Lawsuits in California

When a breach of contract lawsuit has been filed, the claim will generally imply that there has been some degree of misrepresentation that caused at least one party to not perform in the obligations set within the contract. A breach of contract, however, can become a fraud claim.

In California, a contract is a legal agreement made between at least two parties. The parties involved in the contract essentially promise to perform a specific duty. The reason behind having a contract be legally binding is to hold each party responsible in the event of a breach. A contract breach will occur when the agreement is not kept because one of the parties has failed to fulfill the obligations agreed upon.

A breach of contract can occur in the following methods:

• When one party has failed to deliver his or her obligations in the time frame set in the agreement;
• When one party has not met the terms of the contract;
• When a party failed to perform;

When at least one of the parties involved in a contract have met their obligations, they are entitled to legal remedies for the breach of contract.

Contract Fraud Claims

Contract fraud claims occur when at least one party to the contract has presented information that is deceitful, incorrect, or meant to confuse those involved. For example, a contract fraud claim can occur in employment contracts, when employees claim to have certain skills and experience to perform a job duty, when in fact, they do not.

Another example can involve a party, who is lead to believe they are making a purchase for a certain item in a particular condition, but the contract has specified a different product under a different condition.

Consult the Support of a Qualified Law Firm

Claims involving a breach of contract or a fraud claim are very complex as they can sometimes overlap. These claims can be brought separately under specific circumstances. If you believe you have been misled when entering into a contract and are seeking to file a breach of contract or a claim for fraud, seek the legal support of a skilled business law attorney who will defend your interests.

The attorneys at Schwartzberg & Luther, APC understand that in order to file a strong claim for a breach of contract can require extensive legal knowledge and experience. If you have reason to believe you have been harmed as a result of a breach of contract, consult a skilled law firm today.

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