How To Prove A Breach Of Contract

These are the 5 elements needed to prove a breach in contract. Without any one of these elements, proving a breach of contract will prove difficult, if not impossible.

KAPIN PLLC commercial litigation New York CityThe essentials parts include:

1. Establishing that a contract exists. You must prove that an enforceable agreement exists between parties. 2. This goes along with #1: In many cases the contract must be written. (In some cases, a verbal contract will suffice, but you may need to consult with an attorney to learn more.) 3. The plaintiffs upheld their end of the contract and performed their required duties. 4. The defendants failed to uphold their end of the agreement and did not perform as required in the contract. The defendant breached the contract. 5. This breach of contract by the defendant caused the plaintiff to suffer damages as a result.

In order to prove a breach of contract and win a lawsuit, the plaintiff must show that all 5 of these elements are true.

In regards to #5, damages can include financial losses or property damages.

Upon winning a breach of contract, a plaintiff may be entitled to a compensatory reward that covers the financial damages their incurred from the breach of contract.

To learn more about a breach of contract case, or to find out if you have a strong case, send us a message.

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