What Are the Elements of a Breach of Contract Claim?
Oct. 17, 2023
When two or more parties or entities are involved in a transaction, contracts are often established to outline the terms and conditions of the agreement. The contract helps describe the responsibilities and contractual obligations of each party to the agreement. In the event that one of the contracting parties breaches or fails to fulfill their expected obligations, the affected party may be entitled to seek relief through a breach of contract claim.
At Duwel Law, we're dedicated to offering detailed guidance and reliable representation to clients in their contract disputes and breach of contract lawsuits. Our highly-skilled Ohio business litigation attorneys can investigate all of the facts of your unique situation, determine whether you have a breach of contract claim, and educate you about the elements. In addition, our trusted team will represent you diligently in your case and help you recover your rightful relief. We're proud to serve clients across Dayton, Montgomery County, Warren County, and Miami County, Ohio.
Breach of Contract
A breach of contract can be described as a violation of the terms and conditions of a legally-binding contract which was previously agreed upon. It occurs when a party to a valid agreement fails to perform or deliver their contractual obligations without a justifiable legal excuse.
Types of Breaches of Contract
There are four types of breaches of contract:
An actual breach is a breach of contract that has already occurred. In an actual breach, the delinquent party has partly or improperly carried out their contractual obligations. In some cases, they will intentionally refuse to perform their duties outlined in the contract.
A material breach occurs when a contracting party fails to perform their contractual duties completely or on time. As a result, the affected party won't receive the expected benefit or outcome.
A minor or partial breach occurs when a contact party doesn't fulfill some part of the agreement or their contractual obligation. However, the breach is minor, and the other party still gets some benefits or deliverables of the contract.
An anticipatory breach is a situation where one party to the contract has stated their unwillingness to fulfill their contractual obligations—either verbally or through their actions. Even when the breach of contract is yet to happen, you may still hold the prospective breaching party responsible.
Examples of Breach of Contract
Some common examples of actions or inactions that may result in a breach of contract claim include:
Failure to deliver the expected goods
Failure to deliver the expected service
Failure to make a payment
Failure to complete the job
Providing a sub-par service or substandard goods
Performance was lower than the agreed standards
Failure to complete a job within the agreed time frame
Failure to pay in a timely manner
Failure to adhere to the conditions of a contract without any justifiable reason
If another party has breached or is about to breach the agreement you have with them, you should get in touch with a dedicated business litigation attorney right away. Your legal counsel can investigate the type of breach, seek to prove the breach, and help protect your business interests.
Elements of a Breach of Contract Claim
In order to establish a breach of contract claim, you must prove the following elements:
Valid Contract – There is a valid or binding contract.
Performance – The claimant performed according to the contractual terms or has a valid excuse for nonperformance.
Breach – A breach occurred due to the failure of the defendant to perform their agreement.
Damages – The plaintiff suffered actual damages or harm due to the defendant's contract breach.
A skilled attorney can review your case details, seek to establish the breach of contract and take the necessary legal action against the delinquent party.
Understanding Anticipatory Repudiation
Anticipatory repudiation occurs when one contracting party refuses to perform the contractual obligations. Such refusal may be expressed by a statement or action that clearly indicates refusal or through a clear statement of refusal. If this occurs, you may be entitled to file a breach of contract claim or lawsuit against the delinquent party for not fulfilling their obligations outlined in the contract.
Speak With an Attorney for Help
Contract disputes and breach of contract claims often involve a lot of complex procedures and massive consequences. At Duwel Law, we're ready and poised to support and represent clients in their breach of contract lawsuits.
Our legal team can review the terms of your contract, determine if there is a breach, and help take the necessary legal action. In addition, we will fight diligently for your rights, hold the delinquent party liable, and help you seek legal recourse for any damages or losses suffered.
Contact us at Duwel Law today to schedule an initial consultation with trusted business law attorneys. Our reliable lawyers can offer you the personalized legal counsel and dedicated advocacy you need in your breach of contract lawsuit. We proudly serve clients across Dayton, Montgomery County, Warren County, and Miami County, Ohio.