FAQ - Breach of Contract

You must establish the following:

1. That you had a valid, enforceable contract.
2. That you are a proper party to sue for the breach.
3. That you performed your obligations under the contract, tendered performance of your obligations under the contract (were ready and willing to perform), or that you were excused from performing your contractual obligations.
4. That the party you’re suing breached the contract.
5. That the party’s breach caused you some injury.

You must show that you have at least substantially performed your obligations under the contract. Substantial performance is completed when all the essential elements of a contract were performed.

Your may be excused from performing your contractual obligations if:

1. The other party materially breached the contract.
2. The other party repudiates a dependent promise it made.

A material breach occurs when the other party significantly and substantially fails to perform its contractual obligations. When the other side materially breaches, it may give you, as the non-breaching party, an excuse not to perform your contractual obligations, as well as the right to sue for damages.

If a material breach has occurred, you can either:

1. Rescind the contract.
2. Stop performing your contractual obligations and sue for a total breach of the contract.
3. Continue performing your obligations and sue for a partial breach.

If successful on a breach of contract claim you can recover actual damages for all loss suffered based on evidence provided.