What Are the Top 3 Elements of a Breach of Contract Claim?

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Contracts regulate what you do every day. From the simple task of purchasing groceries at your local market to the more complex undertaking of purchasing a new home, you engage with contracts on a daily basis. A contract is an agreement between two or more parties that creates mutual obligations that are enforceable by law.

If you’re currently under contract with a client or a vendor, you may wonder what your legal rights are should a situation occur, where the other party fails to uphold their share of the agreement?

This type of situation is known as a breach of contract: “Breaching can occur when one party fails to deliver in the appropriate time frame, does not meet the terms of the agreement, or fails [to] perform at all,” (Legalmatch.com). But with the right legal team at your side, you can move to file a breach of contract claim and seek damages for any harm such a breach may have caused your business.

How to File a Breach of Contract Claim

In order to file a breach of contract claim, you’ll need to speak with an experienced attorney. Your attorney will help you file a claim in any court, where there is proper jurisdiction and venue—unless the breach of contract outlines where the claim must be filed.

Elements of a Breach of Contract Claim

Generally speaking, there are three elements of a breach of contract claim:

  1. You’ll need to establish whether a valid contract exists between you and the other party.
  2. You’ll need to demonstrate that the defendant breached the contract.
  3. You’ll need to showcase any damages that result from the breach.

Types of Breach of Contract Claims

Depending on your individual situation, your breach of contract claim will fall under one of the four categories:

  1. Minor breach
  2. Material breach
  3. Fundamental breach
  4. Anticipatory Breach

Each level represents a different type of breach and its overall effect on your business. For example, a minor breach may be filed if only a part of the contract was breached but the remaining terms were completed. An anticipatory breach, on the other hand, occurs when the other party informs you that they will be unable to fulfil the full terms of your agreement.

Contract Attorneys at KTF Law Firm

Understanding these essential elements and categories are just a few components of a contract dispute claim. Having an experienced contract attorney in your corner will help you receive your desired outcome. If you’re considering filing a breach of contract claim, or have had one filed against you, consider working with our knowledgeable contract attorneys at KTF Law Firm. We work to protect your rights by giving you professional legal representation and support to help you win your case.

Contact us today to learn more!