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The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.
Here's a list of what you should include when sending a notice of breach in a contract dispute.Make the date clear.Check the notice clause.Describe the breach.Make sure it's a "material" breach.Offer a "cure." In some cases, it may be too late to fix the problem.Avoid an emotional tone.Try to work it out.
Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
What Is Required to Prove Compensatory Damages?Causation: The defendant's breach must be the reason for the plaintiff's economic losses.Foreseeability: The losses must be foreseeable at the time of contract formation.Calculable: The losses must be quantifiable and able to be calculated into specific monetary amounts.More items...?