20th Anniversary SAC Attorneys
Elite Lawyers
Lawyers of Distinction
Avvo Rating 10.0
Santa Clara County Bar Association
Association of American Trial Lawyers
Elite Lawyers Business James Cai 2017
Best Litigation Attorneys in San Jose
Expertise - Best Employment Lawyers in Santa Clara 2021
Expertise - Best Employment Lawyers in Santa Clara 2022

What Information Do You Need to Prove Breach of Contract Occured?

Human communication is a large and complex web. The contracts we make as individuals, be it large or small, make the world go round. Trust is given to people in our circles, and is lent to strangers with whom we want to work. By trusting and fulfilling contracts, work gets done, and anything can become possible. Unfortunately, in practice, the reality is that many official contracts and agreements we make can go unfulfilled or be breached, despite an initially shared sense of trust.

What is Breach of Contract?

A contract is, in simplest terms, an agreement. A contract is an agreement between private parties that contain mutual obligations that are enforceable by law.

Understanding breach of contract requires one to first understand how a contract is interpreted. The elements to a contract are primarily mutual assent,and adequate consideration. Mutual assent refers to a definite agreement between parties. There is typically some offer, followed by an acceptance of some sort, thus initiating the contract.

Adequate consideration just means that there is an exchange of something of value in a contract. For example, you might pay a manufacturer an agreed upon sum, and your consideration would be the set of products to be produced.

A breach of contract, then, is the violation of a contractual obligation. Refusing to accept a promise, not properly or entirely performing a promise, or impeding another’s performance are all forms of breach of contract.

How Can One Prove Breach of Contract?

Understanding what a breach of contract means begs the question, “How does one go about proving that an absence of promise occurred?” There are six main points one must be able to prove in a breach of contract case. First, one must prove that you and the party entered into a contract. Secondly, it is important to prove that your ends of the contract were either fulfilled or waived. If you have an unfulfilled obligation, problems may arise.

Once you have proven that you completed your end of the contract, it is important to prove the party’s obligations. From there, you will prove where the party failed to perform, or performed against the contract. The last two points go hand in hand: You must prove that you incurred damages or harm, and you must prove the extent of the damages or harm suffered.

By being thorough in gathering your necessary evidence with the aid of an experienced attorney, your claims of an unfulfilled contract are likely to go over better in court.

Struggling Due to a Breach of Contract? Contact Our Office Today

Any time there is a breach of contract, it can become the beginning of a stressful period for the affected party. Not only did a promise go unfulfilled, but the ramifications can be severe, and there is an added stress in taking action to repair the damage. The good news is that there are always options available, and that breach of contract need not be at the top of your worries. At SAC LLP, we believe that contracts should be upheld and honored. To set up an appointment to discuss your case with us, please contact our team of civil litigation attorneys at (408) 716-3492.

Client Reviews
Mr. Cai Is a Diligent Attorney. My sister and I were defendants in a civil litigation case. We hired James Cai and his law firm, SAC Attorneys LLP. Mr. Cai is a diligent attorney and responded to our questions in a timely fashion. He and his staff were very helpful in keeping us informed of the proceedings of the case and in explaining each step. Mr. Cai is also very conscientious of fees and costs, and avoided unnecessary charges. The results of the Summary Adjudication sided with us. The Court Trial resulted in the “Final Statement of Decision” and “Judgment after Court Trial” overwhelmingly siding with us. Cynthia F.
I Am Truly Impressed. After spending a significant amount of time, money and efforts with my previous counsel at a larger law firm without getting meaningful results, I transferred my employment matter to SAC Attorneys LLP. The attorneys there were able to understand the complex situations of my case and put together an aggressive litigation strategy. We were able to file a compelling complaint within a week and forced the opposing party, which was represented by one of the largest law firms in California, to make a substantial settlement offer shortly thereafter. I am truly impressed by the no nonsense and results oriented approach by SAC Attorneys LLP attorneys. A job well done! X. Gao
They Took Time to Understand Our Technology. I am the founder of a bioinformatics start-up in the Silicon Valley and chose SAC Attorneys LLP as our corporate counsels. Their attorneys have great experience with high tech start-ups and were able to offer a highly competitive service plan while not sacrificing a bit of their quality of services. They took time to understand our technology and provided value added services by introducing investors and job candidates to us. We regard our attorneys at SAC Attorneys LLP not only as our legal advisors but also our venture partners. Dr. Pete S.