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.

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.

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.

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.