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Basic Step 1 To Help Prepare You For Breach Of Contract Litigation: Find The Contract. Figure Out Who Breached The Contract. Figure Out If You May Have Damages. Figure Out Your Goals. Figure Out Your Finances. Call An Attorney.
Hear this out loud PauseThe 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.
One of the most common problems landlords face is unpaid rent. Lease agreements should state the due date for payments, so even a single late payment can constitute a violation of the agreement.
In an answer, you tell the court which parts of the plaintiff's claim are true and which are not. You can also bring up affirmative defenses. These are legal defenses which give you a good reason for not being held responsible for breaking the contract, either as a full defense or partial.
The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.