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How do you prove a breach of contract occurred? 

On Behalf of | Aug 15, 2022 | Breach Of Contract

When filing a breach of contract suit in court, it’s necessary to prove a few things to have a successful outcome to the case.

For example, the plaintiff must prove a contract existed. They must also show how the defendant failed to meet the terms of the contract. Learn more about proving a breach of contract in court here.

Proving the contract is valid

The easiest way to prove a contract exists is with a written document signed by both parties. You can also sometimes enforce oral contracts, but this is less easily done. Some agreements require a written contract to stand up in court.

The court will review the contract and determine the responsibilities of all parties to determine if they were fulfilled. A plaintiff must notify the other party about the breach before filing a legal claim.

Addressing potential reasons for the breach

The court will also determine if there’s a legal reason for the breach. For example, the defendant may offer as a defense the idea that the contract was fraudulent – therefore, invalid from the start – because the plaintiff concealed or misrepresented important facts.

Sometimes, the defendant could argue the contract was signed under duress and that the plaintiff used physical threats or force. There could also be errors made by both parties that led to the breach.

Protecting your rights in breach of contract cases

When a breach of contract occurs, it can result in losses for the party who upheld their responsibilities. Filing a legal claim can help them recover damages for these losses. However, it’s necessary to have the proper evidence to show the elements above and prove a breach of contract occurred.