What Do I Need To Prove To Succeed In A Breach Of Contract Claim?

First, you need a contract that specifies who is going to do something, what they are going to do, when they are going to do it, who is going to get paid for providing those services or products, and how much they will be paid. If someone failed do one of those items and you were harmed by it (and you performed what you were supposed to do under the contract), then you potentially have a breach of contract case.

What Is A Material Breach?

A material breach is a breach of any of the terms that are vital to the agreement, especially if it prevents the contract from being completed or defeats the purpose of the contract itself.

What Are My Options If The Other Party Has Materially Breached A Contract?

The first option is to try to talk to the other party and see if it is a misunderstanding or an unintentional oversight. See if there is a possible resolution. The next thing to do, if you are working with an employee, is to elevate the matter to a supervisor. If those attempts are not successful, consider retaining an attorney. Often a party will respond to communication from an attorney, even if they would not respond to you. If all else fails, you can either cut your losses and walk away or file a lawsuit. Lawsuits can be lengthy and costly, so consider whether it is worth the time and money.

What Remedies Are Available To Me In A Breach Of Contract Lawsuit?

There are several different remedies available. The first is what is called expectation interest. What that means is the court would put the plaintiff in as good a position as if the contract was actually performed. The second one is called reliance interest, which will restore any expenses that the plaintiff made in reliance of the contract. The third is called restitution and it is to restore money or property taken by the defendant and put the plaintiff in as good a position as if no contract had ever been made. The fourth applies in only certain situations. It is called specific performance and it asks the court for the defendant to perform a specific action. For example, the court may require a defendant to turn over a piece of property. The last type of remedy that is available is reimbursement of attorney’s fees and court costs.

Can I Recover Exemplary Damages In These Cases?

In Texas, you cannot recover exemplary damages in breach of contract cases.

Can I Recover Liquidated Damages?

You can recover liquidated damages only if the original agreement specifies what the liquidated damages are. The courts will often look at two things to determine if liquidated damages are appropriate. The first is whether the amount is reasonable in light of the damages. The second is whether the harm caused by the breach was difficult to determine at the time that the contract was entered into. As long as those two things are satisfied and liquidated damages are in the contract itself, the court can award those damages.

What Is Repetition?

Repetition is when a party, without any kind of excuse, indicates in some kind of unconditional way that they are not going to perform their contractual obligations. At that point, the other party has the option to either try to enforce the agreement or to agree that they are also not going to go forward with their obligation.

Additional Information On Breach Of Contract Claims

It is better to try to address breach of contract issues early on. Even though you may not want to get a lawyer involved, it is helpful to at least have a conversation with an attorney to see what your options might be and to get advice on how to go forward.

For more information on Proof For Breach Of Contract Claim In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 277-3066 today.