How to Prove Beach of Contract

Posted on July 7, 2016 · Posted in News

Contracts are inherently a two-way street. You do this action for a benefit provided by the other party, and vice versa. It It sounds simple, but it actually can get muddled quickly. The ramifications of such actions can be immediate, damaging the profits of your business, draining your finances, or even hurting your reputation. In order to recover losses and save your name, you might have to take the party that breached the contract to court through business law litigation.

Here are some of the elements you’ll need to prove in a breach of contract dispute:

  1. Prove the contract exists: If the contract was written and signed, this first step could be fairly easy. Unfortunately, not every contract is written. The first, and most basic element you will have to prove, is that the contract exists.
  2. Show your duties were upheld: If you have not upheld your own end of the contract, it is unlikely you will be able to seek any recoveries for damages caused by the other party’s breach. But if you have upheld your end, you’ll need to demonstrate that.
  3. Establish the actual breach: Depending on your situation, you may have to either show what was or wasn’t done that led to the contract’s breach. As contacts are fairly defined in the terms they create, there are many ways it could be violated. Work with your attorney to come up with as many examples of the breach as you can; in business litigation law, regarding contracts, you can present as many claims as you want for just one lawsuit.
  4. Demonstrate the damages: A breach that does not create any significant changes to your livelihood or finances might not be considered an issue to a judge. You will need to be able to prove that you were harmed or seriously inconvenienced in some way due to the other party’s actions, or lack thereof.

At Doumar Martin, PLLC, we have helped clients recover damages from breached contract. We will put that experience to work for you. For an in-depth consultation to discuss your case, contact Doumar Martin, PLLC, today.