The 5 Key Elements To Prove A Breach Of Contract Claim
A breach of contract occurs when one party fails to fulfil their obligations as outlined in a legally binding agreement.
When such a breach occurs, the injured party has the right to pursue legal action and seek remedies for the damages suffered.
However, to successfully prove a breach of contract claim in a court of law, certain key elements must be established.
In this article, we will explore the five essential elements that are crucial to proving a breach of contract claim.
Existence of a Valid Contract
The first element to establish is the existence of a valid contract. This means demonstrating that a legally enforceable agreement was entered into by the parties involved.
A contract can be written, oral, or implied, but the terms and conditions of the agreement must be clear and mutually understood.
The second element involves showing that the plaintiff (the party making the claim) has fulfilled their obligations under the contract.
This requires demonstrating that the plaintiff has upheld their end of the agreement by performing or being ready to perform the duties, services, or actions as specified in the contract.
Breach of Contract
To prove a breach of contract, it is essential to establish that the defendant (the party being accused of the breach) has failed to fulfil their contractual obligations.
This can involve a complete failure to perform, or a partial performance. It is crucial to show that the breach is material and goes to the core of the contract.
Notice of Breach
The injured party must provide notice of the breach to the party in default. This involves notifying the breaching party, in writing, that they have failed to meet their contractual obligations.
The notice should clearly outline the specific breach, provide a reasonable timeframe for the breaching party to cure the breach, and state the consequences. This is if the violation is not rectified within the given time frame.
Finally, to establish a breach of contract claim, the plaintiff must demonstrate that they have suffered damages due to the breach.
These damages can be actual, compensatory, consequential, or punitive, depending on the circumstances and the terms outlined in the contract.
The plaintiff must provide evidence of the nature and extent of the damages incurred, such as financial loss, lost opportunities, or reputational harm.
Proving a breach of contract claim requires careful consideration and presentation of evidence to satisfy the five key elements mentioned above.
By establishing the existence of a valid contract, the performance obligations of each party, the breach itself, proper notice, and the resulting damages, the injured party can build a strong case for breach of contract.
It is advisable to consult with a legal professional experienced in contract law to navigate the complexities of the legal process and maximise the chances of a successful outcome in a breach of the contract dispute.
How Can Van Eaton Help You?
At Van Eaton Solicitors, our focus on family law includes divorce settlements, asset division, and breach of contracts. Our lawyers in London investigate financial disputes to ensure fair settlements that reflect the true status of individuals going through divorce or separation. We can guide you through the divorce process. Find out more, here. Or, contact us on 0208 769 6739.