BREACH OF CONTRACT

To breach a contract, there must one in place.

A contract is an agreement to do or refrain from doing certain things, and, to be enforceable, the parties to the agreement must be legally capable of contracting (e.g., not minors or persons of unsound mind) and must willingly make the agreed upon exchange (this is known as “consideration,” which may take the form (on either side of the transaction) of an action, the forbearance to act, or a promise).

To prevail in a breach of contract claim, the plaintiff (i.e., the person bringing the lawsuit), must show:

  1. That plaintiff and defendant entered into a contract;
  2. That plaintiff did all, or substantially all, of the significant things that the contract required him/her/it to do, or that plaintiff was excused from having to perform;
  3. That the defendant failed to do something the contract required him/her/it to do, and that failure was not excusable;
  4. That plaintiff was harmed; &
  5. That defendant’s breach of contract was a substantial factor in causing plaintiff’s harm.

Contracts can be express (oral or written) or implied (by the conduct of the parties). The breach of a contract may result in significant damage to the injured party. The law may provide a remedy for such a wrong.

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