contract law · claim
A breach of contract is a violation of any term of a contract, whether it's express or implied. It typically entails the failure to perform agreed-upon duties, allowing the non-breaching party to seek remedies.
There must be a legally enforceable agreement between the parties, consisting of an offer, acceptance, and consideration.
What to prove: Prove that a valid contract exists by demonstrating the mutual consent, capacity, and lawful object.
A party to the contract must have failed to perform their obligations as specified in the agreement.
What to prove: Show that the party failed to meet the contractual terms without a lawful excuse.
There must be a direct link between the breach and the damages suffered by the non-breaching party.
What to prove: Establish that the breach was the proximate cause of the damages incurred.
The non-breaching party must have incurred actual damages as a result of the breach.
What to prove: Demonstrate that verifiable and quantifiable harm was suffered due to the breach.
The plaintiff bears the burden of proof, typically by a preponderance of the evidence standard, to establish all elements of the breach of contract claim.
Be prepared to analyze the presence of each element in hypothetical scenarios. Understand defenses that may mitigate or negate a breach claim.