Breach of contract claims are common in business litigation, but not all claims are valid.
There are specific elements to include in a claim to help prove a breach of contract occurred.
Contract elements that support a breach claim
To increase the success of a breach of contract claim, you must prove four separate elements. You also have only four years from the date the breach occurred to bring the claim. Your elements to establish include:
- You had a valid contract
- You upheld your part of the contract
- The defendant failed to fulfill their responsibility with the contract
- You experienced damages as a result of the defendant’s breach
Much of your case depends on establishing that a valid contract was in place. This element alone has several burdens of proof to meet, such as an offer and acceptance by both parties, mutual intent for the legal binding of the contract and communication regarding the acceptance of contract terms.
Contracts eligible for a breach claim
There are several forms of contracts eligible for a breach claim. While many commonly rely on written contracts for business transactions, it is possible to bring suit over a verbal contract breach. While there is a much harder legal burden in proving the valid existence of the contract, this is an enforceable contract in many situations. Under the Statute of Frauds, there are requirements for certain contracts to be in writing if it is to be enforceable.
Knowing the terms of a contract is an important part of knowing if a breach occurred. These details are an important part of settling business disputes.