At Dove Law Firm we understand there are many conflicts that arise in business and life. We know that as a law firm, we must reflect our client’s objectives and desired outcome. An attorney will sit down with you to go over the details of your position. Our creative and aggressive legal approach will help construct the civil litigation tactics best for your outcome.
Commercial/Civil litigation is often a costly solution to a business and/or personal problem. Dove Law Firm will attempt to resolve the matter as quickly as possible to save our client their money. We will be proactive in our approach and will draft motions to advance your position in order to bring litigation quickly to a resolution.
Our Arizona Civil Litigation Attorney, Shawn Haven Dove, handles a broad range of civil litigation matters, including:
Breach of Contract Claims
The elements of a valid contract are that an offer was made by one party, that offer was accepted by the other party, there was something of value exchanged between the parties and all parties were competent at the time of agreement. It is important to note that some contracts must be in writing in order to be legally valid.
Where litigation issues arise normally, are within the formation of a contract, enforceability of stated terms of performance, the failure of one party to perform one of those terms, the breach was material or of some consequence, and there are damages.
A breach of contract lawsuit usually involves a valid contract where one party does not complete one or more of the terms that he/she promised to complete. Some clients prefer that we attempt to work things out with the other party before filing a lawsuit. Others prefer to file immediately. Dove Law Firm attorney, Shawn Dove can consult with you regarding your preferred tactic for resolution.
Breach of Good Faith & Fair Dealings
This is a general presumption that all parties to a contract will deal with each other honestly, fairly, and in good faith, even if some technicality is not fulfilled, so as to not destroy the right of the other parties to receive the benefits of the contract.
In some situations, one party desires to terminate the contract and will look for non-material breaches from the other party to claim that there is a breach and therefore not perform. That party is not acting in good faith and legal action can be taken.
Unjust Enrichment occurs when one party benefits from the contract at the detriment of the other party. The law provides that when this is the case, the injured party can file a suit against the enriched party to force that party to make restitution.
There are five elements in a negligent claim: There needs to be a duty owed to Plaintiff by Defendant, that duty must be breached, the action in dispute must be connected directly to the damage to Plaintiff, and there must be damages.
Misrepresentation occurs when, within a valid contract, a representation was made, that representation was false, the representation when made was either known to be false or made recklessly and it was made with the intent that the other party rely upon it, the other party did in fact rely on that representation, and due to the misrepresentation damages were suffered.
Fraud occurs when a Defendant makes a statement of material fact that is false, the Defendant knows that the statement is false, the Defendant intended to deceive the victim, the victim relied on the untrue statement and the victim suffered damages.