Breach of contract is the failure of one of the parties involved to live up to the terms of the contract. The person who suffered harm as a result of the breach may ask the court to award damages. A person may breach a contract purposely or because unexpected circumstances prevent that person from performing his or her end of the contract.
A contract may be oral or written, but is much easier to enforce if it is written. A contract must have these elements:
- An offer
- Acceptance of the offer
- Consideration — the exchange of something of value
Without these elements, it is unlikely that a contract will stand in court. Additionally, the contract must be between parties that are legally able to create a binding contract. The parties may be individuals or a legal entity such as a corporation. Generally, an individual can disaffirm a contract that he or she entered into while under the age of 18; thus, a contract with a minor, even if it meets all of the elements, may not be binding.
Breach of Contract
In order for a breach of contract lawsuit to stand in court, you must have:
- A valid contract
- A breach
- Damages, such as the loss of income or services
Though the fundamentals of contract law are simple, the terms and conditions contained in a contract can make it complex to navigate.
What Happens If Your Contract Is Breached?
If you believe that you have a valid contract and the other party breached the contract, it is best to contact an experienced attorney. When you meet with our attorneys, bring a copy of the contract with you so its validity can be confirmed. Our attorneys will review the terms and conditions of the contract and discuss the actions of both parties with you to help determine the best course of action.
If your case goes to litigation, you will need to provide evidence of the contract and the breach so that the court can rule on the matter. As soon as you notice a breach – even before you consider contacting an attorney – you should document all conversations and activities that are related to the breach.
Contact Bedell Law Firm if you have a civil litigation matter that requires in-depth knowledge and experience in the area of contract law. In addition to trial matters, our attorneys handle mediations, settlement conferences, arbitrations, and other forms of alternative dispute resolution.