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4 Elements of a Breach of Contract Claim (and more)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.
Generally speaking, there are four types of contract breaches: anticipatory, actual, minor and material.
What Constitutes a Breach of Contract? A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.
1 Write your name, address, phone, and fax number (if you have one). 2 If not filled in for you, write Fresno" after COUNTY OF. Write the address of the court location where you are filing your papers. 3 Fill in the names of the plaintiff and Defendant.
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.