Breach Of Contract Jury Instructions Without
Description
How to fill out Jury Instruction - 3.3 Breach Of Fiduciary Duty?
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FAQ
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.
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.
Normally the question of whether a breach of an obligation is a material breach, so as to excuse performance by the other party, is one of fact. Whether a partial breach of a contract is material depends on 'the importance or seriousness thereof and the probability of the injured party getting substantial performance.
There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution.
To determine whether a breach of contract is material, find out if compensation is a reasonable remedy. If the injured party can simply be compensated for the breach, it is unlikely that it would be found to be a material breach. Compensation, in this case, can be in the form of money or service.
