Initially, the potential litigant should consider what benefits he or she expected to obtain from the contract in question, what benefits he or she actually did obtain (if any), and the perceived reasons why reality didn’t meet those expectations. He or she must strongly consider any personal or business relationship developed with the alleged wrongdoer, and how the pursuit of litigation may affect that relationship.

If, based upon that analysis, the potential litigant believes that the value of what was lost is worth the financial and emotional toll that arises from litigation, the next step would be to consult a lawyer with experience and success in handling contract and other business disputes.

Determining whether an action for breach of contract exists is complex and nuanced. Thus, a proper decision regarding whether to pursue litigation should not be made without obtaining an opinion from someone qualified to evaluate the merits of such an action. 

If a trusted lawyer believes there is a viable breach of contract action, that there is a substantial likelihood of success, and that the potential recovery is worth the time and effort involved, only then can one determine that a proper decision has been made.

Scott Carr is an attorney with Green Broillet & Wheeler in Santa Monica. If you’d like more general information about this area of the law, see our contract law overview or reach out to a law firm for legal advice.