This Contract Was Definitely Breached…So Was The Sewer Pipe.

Plaintiffs entered into contracts to have their telephone, internet and satellite television services installed. The installation did not go as planned, as a technician drilled through a sewer pipe. Plaintiffs brought an action for breach of contract, negligence and other torts. A jury awarded $109,000 in damages and the court entered judgment. On appeal, the defendants contend the court erred in instructing the jury the various defendants entered into a contract, when, in fact, there were five separate contracts. Unimpressed with the argument, the appellate court said the trial court gave a correct legal instruction, and defendants did not show they objected to the use of the singular, and had, therefore, forfeited that argument. The defendants also claimed error as a result of the trial court’s finding: “The court has determined that the contract entered into by plaintiffs included an implied term that the satellite dish and related equipment would be properly installed in their residence.” The appellate court acknowledged that a contract is generally limited to its terms, but added that express terms give rise to implied duties, violations of which may themselves constitute breaches of contract. The appellate court affirmed the judgment. (Holguin v. Dish Network LLC (Cal. App. Fourth Dist., Div. 1; September 22, 2014) 229 Cal.App.4th 1310, [178 Cal.Rptr.3d 100].)