Reigning Miss California faces breach of contract

Proposition 8 prohibiting same sex marriage has ignited public opinion in California. Its passage added a section in the constitution which read "Only marriage between a man and a woman is valid or recognized in California."

Consequently, several campaigns against it had been launched by different gay organizations.

Miss California Carrie Prejean has been vocal of her opposition to same sex marriages by actively participating in campaigns against it. In fact, many believed that her failure to win the Miss America pageant was due to her answer when asked about same sex marriages. Moreover, she had made televised appearances at her San Diego church and on behalf of the National Organization for Marriage on the same issue.

Prejean’s active opposition prompted the Miss California organizers to review her contract with them. The contract prohibited her from making personal appearances or giving interviews without permission. The organizers also criticized her semi-nude photo as a teenage model.

The alleged multiple violations may cause Prejean her crown. Being ethical and morally right is beside the point. The issue here is that she violated some of the provisions of her contract as a beauty titlist. As the reigning Miss California, she has a duty to abide by and uphold the terms of the contract.

Breach of contract is an actionable wrong in California and anywhere else. So long as the terms of the contract are conscionable and voluntarily agreed by the parties, such terms should stand. Should the matter be elevated to the court, Prejean must hire an attorney expert on breach of contract cases.

Breach of Contract Business Lawyers

In every evolved or civilized society contracts are necessary as means of determining rights and obligations in an agreement. However, like any other agreement, there are people who do not own up to their end of the bargain resulting in breach of contract.

To make out a cause of action for breach of contract, there are 4 matters that you must allege. They are: (a) the existence of contract; (b) the fact that you have performed your obligations as set forth in the contract or that you are excused from the performance of your obligations as a result of the breach; (c) circumstances of defendant's breach; and (d) it is important that you must show the damage you sustained as a result of the breach.

If you are able to show all of the above, you have a good chance of claiming damages against the erring party. However, although it looks simple enough, the process and the proof required are actually complex. You need the services of an experienced breach of contract attorney to represent you.

Your lawyer can help you pursue your claim not only for actual or liquidated damages. Experienced lawyers can help you claim damages for your giving up of an established business as a consideration for the contract. You can also claim future profits from existing business that were lost as a result of the breach. Also, you can claim expenditures which you made in the performance of your obligations as agreed upon in the contract. Furthermore, you can even claim mental or physical suffering and attorneys’ fees for the other party’s refusal to settle your just and reasonable claims.