![]() ![]() (2004) 34 Cal.4th 960, the Supreme Court had to answer the question of whether a contractor suing for breach of a construction contract may recover damages representing profits the contractor claimed it would have earned on future contracts but for the contractor’s impaired bonding capacity attributable to the defendant’s breach. In Lewis Jorge Construction Management, Inc. Section 3300 of the California Civil Code states that damages should consist of "the amount which will compensate the for all the detriment proximately caused" by the defendant's breach, or the amount that, "in the ordinary course of things, would be likely to result therefrom." The goal of a breach of contract lawsuit, according to both the California Legislature and the California Supreme Court, is to put a plaintiff in the position in which they would have been had the breach not occurred. Breach of contract is a very common claim in business litigation, since most business activities rely on contractual relationships. This remedy involves a monetary award to the aggrieved party, although in some cases a party might seek a court order-often called an injunction-directing a defendant to fulfill the terms of the contract. ![]() California law provides multiple methods for calculating damages. When one party to a contract fails to fulfill their contractual obligations, they may be liable for damages for breach of contract. A contract could obligate a party to perform an action or service, to provide a good, to lease or convey title to real property, or to refrain from taking certain actions. For example, a contract is created when one person agrees to sell a good to another person, who agrees in turn to pay for that good. ![]() A contract is an agreement between two parties for mutually enforceable obligations. ![]()
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