Business Litigation – Contract Breach Claims
In contract breach claims, the plaintiff always has the burden of proof. Here are the 4 elements that need to be established and how you can get legal help if you suspect a business partner may not be fulfilling their end of an agreement you made together.
1. Prove That a Contract Even Exists
First, you must be able to demonstrate that you have an established contract in the first place. An spoken word agreement or even a casually signed written document may not be sufficient. To decide if your contract is enforceable, the courts must see evidence that an offer was made and accepted and consideration was made in exchange for the offer’s acceptance.
2. Prove Either You Met Own Your Contractual Obligations or You Had a Valid Reason Not To
Initially, you should be able to clearly demonstrate that you met your end of the agreement and fulfilled all contractual obligations. If you did not fulfill the agreement exactly as specified, you should offer a valid reason as to why you could not. For example, if you signed a contract that you would perform a certain amount of work for a client by a certain date, but fell ill and was unable to meet the deadline, this may be considered extenuating circumstances.
3. Establish That the Other Party Did Not Meet Their Contractual Obligations
Once you’ve proven that you have met your end of the agreement or had a legitimate reason why you could not, you must be able to show how the other party did not meet their contractual obligations and did not have a legitimate reason not to.
4. Establish That The Other Party’s Breach Of Contract Caused You Damages
The last thing you need to prove for a successful breach of contract case is that the other party’s failure to meet their end of the agreement caused you to incur damages. Typically, these are financial damages but may rarely include pain and suffering or punitive damages depending on the circumstances of the contract and products or services to be rendered.
When Should You Contact an Attorney for Legal Representation?
If you believe a business partner or other person you are in a contract with has failed to meet their contractual obligations, it’s important that you act quickly to protect your rights, assets, and best interests. Call Mayersohn Law for a consultation at: 954-765-1900