Can I sue for breach of contract in small claims court?
Asked by: Jettie Swift | Last update: July 3, 2025Score: 4.8/5 (13 votes)
When it comes to disputes involving money, you can usually file in small claims court based on any legal theory that would be allowed in any other court -- for example, breach of contract, personal injury, intentional harm or breach of warranty.
Is it worth suing for breach of contract?
The Value of the Contract: Consider whether the breach resulted in substantial financial or other losses. If the damages are minimal, the costs of litigation may outweigh the potential recovery. For example, suing over a minor inconvenience or slight delay may not be worth the effort.
How do you win a breach of contract case?
- Factor #1: A Well Written Contract. ...
- Factor #2: A Clear and Obvious Breach. ...
- Factor #3: Substantial and Identifiable Damages. ...
- Factor #4: A Defendant with Deep Pockets.
Can I claim compensation for breach of contract?
You cannot bring a breach of contract claim merely because the other party has failed to perform; you must have suffered loss as a result. The type of loss you have incurred must have been a foreseeable consequence of the subsequent breach at the time you made the contract. You are under a duty to mitigate any loss.
How much can you sue for a breach of contract?
In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.
The Most Important Element when Suing for a Breach of Contract
Is breach of contract hard to prove?
The short answer is yes. Breaches of oral contracts are harder to prove, but the contracts are absolutely enforceable. Breach of oral contract elements are the same as for written contracts. The hardest part of proving a breach of contract for an oral agreement is proving that the contract existed and was valid.
What is the compensation for breach of contract?
When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the ...
How do I sue for breach of contract?
You can file a lawsuit to recover your damages. You begin by filing a complaint in the appropriate civil court. A complaint is a technical legal document that describes the problem and explains the case to the judge and the other party. The complaint must then be served, i.e., delivered to the defendant.
What type of damages are awarded for breach of contract?
- Compensatory Damages. Compensatory damages compensate the non-breaching party for the actual financial losses suffered as a direct result of the breach of contract. ...
- Consequential Damages. ...
- Incidental Damages. ...
- Punitive Damages. ...
- Nominal Damages.
What is the penalty for breach of contract?
As a result, the default remedy available for a breach of contract is monetary damages . Generally, these damages are limited to what is listed in the contract and, unlike damages from tort cases, courts do not award punitive damages for breaches of contract.
How long does a breach of contract lawsuit take?
Typically, it can take months or even years for a case to work its way through the court system. The breach of contract claim must be filed with the court and supported with appropriate legal documentation. The defendant must be notified of the lawsuit and given time to answer.
What does the court do for breach of contract?
Legal remedies and damages
As a result, the default remedy available for a breach of contract is monetary damages.” In general, damages in a breach of contract case are limited to what is listed in the contract, and as such, courts usually do not award punitive damages as they would in a tort case.
What is the burden of proof for a breach of contract?
Burden of Proof
This means that the plaintiff must provide sufficient evidence to demonstrate that: A valid contract existed. The defendant failed to fulfill their contractual obligations.
Do I need a lawyer for breach of contract?
Don't hesitate to seek legal help if you think someone may have breached a contract with you, or if you're in the middle of an agreement dispute in California.
What are the consequences of a breach of contract?
Remedies for breach of contract include suit for damages, suit for specific performance, eliminating the contract, stopping the other party from doing something, suit upon quantum meruit (which is the compensation for work done before the breach).
Can you sue an LLC for breach of contract?
Understanding the Contractual Obligations of an LLC
These obligations may include delivering goods or services, making payments, or meeting certain performance standards. If the LLC fails to fulfill these contractual obligations, you may have grounds to sue them for breach of contract.
How much compensation can you get for a breach of contract?
Breach of contract damages generally cannot exceed four times the actual losses, but everything depends on the facts of your specific case. Your lawyer can identify whether you can recover these damages in your case.
How to prove breach of contract?
- The existence of a valid and binding written or oral contract between the parties.
- The plaintiff's performance, partial performance (in some cases), or excuse for nonperformance of its contractual obligations.
How to prove actual damages?
Often, expert witnesses must be used. For example, loss of market value is generally a matter of expert opinion, and appraisers may be essential to persuasive proof. Likewise, accountants are often necessary to interpret and analyze accounting records that contain the best evidence of actual damages.
Can you get compensation for breach of contract?
Material breach of contract
Following a material breach, the innocent party may seek legal help to resolve the issue. Legal remedies may include suing for damages and, in some cases, terminating the contract. Open discussions and mediation can help both parties to resolve the situation before it escalates.
Can you sue someone who promised you money?
The short answer is yes, you may have a claim for someone who broke a promise to you. Now, depending on the nature of that promise, we may have different types of the cause of action that could be brought. The most common that I see is a breach of contract.
What are the tests for breach of contract?
The first and most-defining element of a breach of contract claim is the first element, the existence of a contract – whether an oral contract or a written contract. Second, the plaintiff must show that he or she performed the duties under the contract.
Can you go to jail for breach of contract?
If you're thinking about breaching a contract, you should first be aware of the legal consequences that can come with it. Depending on the severity of the breach, you could be looking at anything from a small fine to jail time.
Can you sue for pain and suffering for breach of contract?
They are often frustrated to learn that pain and suffering damages are not permitted for breach of contract cases in California. An award of damages for breach of contract is intended to give the injured party the benefit of his bargain.
How to calculate damages for breach of contract?
general expectation damages = the value of performance without the breach (what was promised) minus the value of performance with the breach (what was received)