If you find yourself in a position where you’re the “injured party” in a breach of contract scenario, you can likely take legal action against the offending party to recover your losses. This may mean taking the matter before a court or an arbitration tribunal for adjudication. However, your breach of contract claim must establish certain elements, or you may not have a case.
First, you must demonstrate that a valid contract existed between you and the other party. Contracts can be written, verbal or implied by the conduct of the parties involved. You could have a legally binding agreement as long as the essential features of offer, acceptance, consideration and intention to create legal relations are present.
You must then prove that the other party failed to fulfill their obligations under the contract. It could be because they did not perform in accordance with the contract terms, failed to perform on time or did not perform at all. You must also show you upheld your end of the bargain or have a valid excuse for nonperformance.
Your damages must be evident
Finally, you must demonstrate that the breach of contract caused you to suffer damages or losses. These damages can be either direct or consequential and may include financial losses, lost profits, additional expenses incurred to remedy the breach or other foreseeable consequences resulting from the breach.
Once you prove these elements of your claim, you may be entitled to damages as outlined in the contract. Alternatively, the law provides remedies that may include monetary compensation, specific performance (where the court orders the breaching party to fulfill their obligations) or cancellation and restitution (the contract is terminated and the parties are returned to their pre-contractual positions).
Reaching out for qualified guidance can help you get an informed assessment of the strength of your case, explore potential remedies and navigate the legal technicalities of litigation.