WHAT ARE THE ELEMENTS OF A
BREACH OF CONTRACT CLAIM?
March 24, 2022
When two or more parties enter into a legally binding agreement, everyone is expected to fulfill their contractual obligations. A breach of contract occurs when a party to a valid contract defaults or fails to perform their part or expected duties under the agreement. If you’re involved in a contract dispute or if you are thinking about filing a breach of contract claim against another person or business, consulting with a knowledgeable California business litigation attorney is crucial for detailed guidance.
At The Heritage Law Group, we have the diligence, skills, and resources to guide and represent clients in complex business law matters involving contract disputes and breach of contract lawsuits. As your legal counsel, we will examine all of the surrounding facts of your case, evaluate the original contract, and determine the ideal strategy to pursue your case. With offices in San Jose and Aliso Viejo, we proudly serve clients throughout Northern and Southern California.
Types of Breaches
A breach of contract occurs when one party, business, or entity in a valid and binding agreement fails to deliver according to the terms and provisions of the contract. It is a failure to perform any contractual obligation without a reasonable legal excuse.
There are four types of breaches of contract. These include:
Minor Breach – A minor or partial breach of contract occurs when one party fails to fulfill some part of their contractual obligation, even though the other party receives some deliverables of the contract.
Material Breach – A material breach of contract occurs when one party fails to perform their contractual obligations totally or on time. Due to a material breach, the affected party will receive a significantly less benefit or completely different result than what was anticipated.
Actual Breach – An actual breach of contract can be described as a breach that has already happened. In an actual breach, the delinquent party has improperly or incompletely performed their contractual obligations or refused to fulfill the duties stated in the contract.
Anticipatory Breach – An anticipatory breach involves a situation whereby one of the parties has indicated that they will not fulfill their contractual obligations. Even if the breach hasn’t occurred, the potential breaching party may be held liable.
If you believe a contract has been – or is about to be – breached, you need to reach out to an experienced business litigation attorney immediately. Your lawyer can evaluate the type of breach that has occurred, enlighten you about the elements of a breach of contract claim, and determine the appropriate legal recourse.
Elements of a Breach of Contract Claim
The four elements of a breach of contract claim include:
The existence of a valid or binding contract
The performance or tendered performance of the claimant
The material breach by the defendant (failure to perform their agreement)
Damages suffered by the plaintiff as a result of the contract breach
A knowledgeable lawyer can evaluate every aspect of your case, help prove the breach of contract, and take appropriate legal action against the party who refused to perform their duties under the contract.
Understanding Anticipatory Repudiation
Anticipatory repudiation can be described as a refusal by one party to a contract to perform the duties under the contract. Such refusal may be expressed in the following ways:
By a clear statement of refusal
By an action or statement which clearly implies refusal
If this occurs, you are within your rights to file a breach of contract claim or lawsuit against the party breaking a promise under the contract. An experienced attorney can help file your breach of contract claim and help you understand your possible dispute resolution options or pursue deserved compensation.
How The Heritage Law Group Can Help
Contract disputes and breach of contract lawsuits in California usually involve several complexities with significant ramifications. Resolving such issues requires reviewing the original contract and interacting between all the parties or businesses involved. Therefore, when involved in a contract dispute with another business, contractor, or individual, you need to speak with an experienced business law attorney to explore your dispute resolution options and help determine the best course of action.
At The Heritage Law Group, we are committed to offering comprehensive legal counsel and reliable advocacy to individuals and business owners in business litigation matters related to contract disputes and breach of contract. As your attorney, we can evaluate every detail of your case and enlighten you about your available dispute resolution options.
Whether you are trying to get out of a contract or want to sue another person or business for a breach of contract, we can offer you the detailed guidance you need to navigate crucial decisions. Also, our trusted team will fight compassionately to protect your rights, help you get out of the business contract without being sued, or seek relief for any damages you might have suffered due to the breach of contract.
Contact The Heritage Law Group today to schedule a simple case assessment with an experienced business litigation attorney. We can offer you the highly-personalized legal guidance, advocacy, and strong representation you need in your breach of contract claim. With offices in San Jose and Aliso Viejo, we proudly serve clients throughout Northern and Southern California.