Getting the Right Solution
You’re finally working smarter. You’re getting things in writing and you’re keeping detailed notes. Everything should go smoothly, right? Not necessarily. Despite all of your efforts, bad things still happen to good people.
As a businessperson, you can’t do it all yourself. Whether it is suppliers, customers, independent representatives, employees or partners – you have to rely on other people.
So when you do things right – when you clearly set expectations either verbally or in writing – it can be extremely frustrating when those understandings are broken.
How Epiphany Law Can Help
If someone fails to live up to their promises, whether written or oral, Epiphany Law can help. In cases of innocent misunderstanding, we can help negotiate a settlement to cover your damages. In cases of egregious conduct, we will vigorously advance your rights and ensure that the wrongdoer is punished.
Having an experienced business law firm on your side is critical in ensuring justice is served. Whether that is via negotiation, mediation, arbitration or litigation, Epiphany Law is there every step of the way.
Questions & Answers
Q: Can I recover attorney’s fees from the other side?
A: Although it certainly seems “right” that you should be able to recover your attorney’s fees from the wrongdoer; that is not the general rule in the United States. There are, however, some instances where such costs can be recovered. For example, if the contract specifically permits recovery of attorney’s fees, such provisions are generally enforceable. There are also certain types of lawsuits that permit attorney’s fees such as false advertisement, theft and racketeering.
Q: Can I make the other party fulfill their promise?
A: That depends. In certain actions, a court will award “specific performance,” meaning that the party has to do what they promised to do. More often, however, rather than requiring performance, a court will award you a sum of money for the damages that were caused.
Q: Can I sue a third party that “helped” breach the contract?
A: That will depend upon whether the third party knew that they were helping breach the contract. For example, if another company hired your salesperson despite knowing there was an enforceable non-compete in place, you can sue the other company for tortuous interference of contract – a potentially powerful cause of action allowing recovery of punitive damages in addition to actual damages.