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Breach of contract occurs when one party fails to perform their obligations as outlined in the agreement. It can take various forms, including non-payment, delayed payment, failure to deliver goods or services as specified, or violating confidentiality or non-compete agreements.
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.
For example, if you completed a job for which a contract stated you would get paid $50,000, but you only got $20,000, you could be awarded damages of $30,000. Normally, a party whose contract was breached cannot claim more than the money they were initially owed?as laid out in the contract.
You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors. Factor #1: A Well Written Contract. ... Factor #2: A Clear and Obvious Breach. ... Factor #3: Substantial and Identifiable Damages. ... Factor #4: A Defendant with Deep Pockets.
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.