Breach of Contract

Breach of contract is a civil injury where one party fails to meet the terms of a contractual obligation (either written or oral) with another party. A breach of contract may be breached in part or in whole. Breach of contract is one of the most common types of civil disputes.

To be considered a breach of contract certain contractual terms must be established. For instance, the contract must be valid and contain all the essential elements of a contract, the plaintiff must prove the contract was breached, the plaintiff must have fulfilled their contractual obligations to the defendant, and the plaintiff must have notified the defendant the contract was breached (preferably in writing).

Common defenses for breach of contract include fraud (misstating or concealing a material fact), the contract was made under duress or undue influence, or the statute of limitations for filing a breach of contract lawsuit has expired. If the court rules in favor of the plaintiff they may receive damages to compensate them for their loss, an injunction to stop an action causing damage, or rescission, which allows for the termination of the contract.