Have you been on the wrong end of a bad business deal? Have you paid upfront for goods but not received them? If so, you might have received a breach of contract. Building a successful case takes a few highly important elements.
Are you wondering how to build a breach of contract case? Options include getting in touch with the FTC or filing with a court. Knowing the instant facts of your case matters as well.
Keep reading to learn more about elements of breach of contract.
1. Existence of a Valid Contract
The existence of a valid contract is a must when it comes to breach of contract cases. Without it, there cannot be any sort of recovery or damages through a breach of contract lawsuit.
To build a strong case, evidence must be provided to demonstrate the agreement between the parties. This can include emails, text messages, contracts, or written records that show there was an understanding between the parties with regard to the contract.
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2. Plaintiff Upheld Their Legal Obligation
This means that the plaintiff must have made a good faith effort to perform their duties under the contract, thus honoring their obligations.
In other words, the plaintiff should have done everything they were required to do in order to fulfill their end of the bargain. This could include:
- Providing the requisite goods or services
- Meeting the agreed-upon time frame for delivery
- Paying the required amount of money
3. Defendant Failed to Perform
When the defendant fails to perform in a contract, the plaintiff must identify the breach that the defendant is responsible for. The plaintiff must be able to provide evidence to prove that the defendant had an obligation to perform a term that was essential to the contract and that the defendant failed to do so.
4. Plaintiff Sustained Injuries as a result of the Breach
To successfully pursue a breach of contract claim resulting in injury to the plaintiff, certain elements must be proven. First, the plaintiff must establish that a valid and legally enforceable contract existed between the parties.
Second, the plaintiff must demonstrate that they performed the terms or conditions of the contract. Additionally, the plaintiff must show that the defendant breached the contract, which caused harm or injury to the plaintiff. The plaintiff must also prove damages as a result of the breach.
Learning the Elements of Breach of Contract
It is now clear to you that breaches of contract can be difficult to prove in court. However, by following these four elements of breach of contract, you can build a strong case for a successful claim.
It is important to be mindful of the elements of such a claim and to act first to seek legal guidance before taking further action. Contact an experienced attorney for more information.