Breach Of Contract Texas
When an individual or an entity you entered into a contract breaches that contract, you have every right to take legal action. The reason for this is that a contract breach can actually become a hindrance to the success of your business. An experienced business lawyer can help you litigate breach of contract or defend you against breach of contract cases.
Elements To Prove In A Breach Of Contract Case
You must first show that there is a valid contract before you get to prove that there was a breach. This is easier to prove if the contract was in writing than if it was an oral contract. A valid contract must have been an offer by one party to the other, and the other party must have accepted the offer. Both parties must have agreed to the essential terms of the contract and each party must have given and received something of value.
Another element that you need to prove is that you- the plaintiff- fulfilled all of the terms stipulated in the contract. Remember that you only have a valid claim if the breach was material or a major part of the contract, and damages resulted from that breach. Your business lawyer can help you identify all the damages you incurred because of the other party’s breach.
Breach Of Contract Damages
Since each breach of contract case is unique you need to review the contract to determine what damages are available. Some types of damages include:
- Actual damages are monetary damages
- Restitution damages are awarded to restore you to the position you were before the entering the contract and before the contract breach
- Reliance damages is the measure of compensation you get for the economic harm you suffered when you acted in reliance on the breaching party
- Quantum meruit allows you to recover the value of services performed which benefited the breaching party
- Specific performance is when the breaching party is made to perform the contractual duty that was originally agreed upon
If you decide to litigate the breach, be prepared for a possible counter suit against you by the defendant.
Winning A Breach Of Contract Case
Since every case is different, winning a breach of contract case will be determined by the specific contract. However, there are certain steps that you can take when you enter a contract and when you are filing a breach of contract case:
- Clearly written and signed contract: Ensure the contract addresses all the relevant issues and potential outcomes in details and must be signed by all parties. The terms should not be ambiguous and the contract should establish ground rules on how disputes will be resolved.
- Document performance: You need to document your performance if you are the party obligated to perform. If you are not the performing party, you need to document any problems with performance because you can use it later as evidence.
- Witnesses: Ideal witnesses are those that have firsthand experience or have facts that are directly related to the breach of contract. Credible expert witnesses can also help strengthen your case against the breaching party.
- Statute of limitations: The breach of contract case must be brought before a court within four years after the breach happened.
