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Breach of Contract
Valid :: Enforceable :: Proper Party :: Performance
Tender :: Excuse :: Breach :: Injury
In general, a contract is an agreement between two or more competent parties in which an offer is made and accepted, and each party benefits.
The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced.
Some contracts may be an agreement between two or more parties which creates obligations to do or not do the specific things that are the subject of that agreement.
Some examples of a contract are a lease, a promissory note, or a rental agreement.
A contract, in general terms, is when one party becomes bound to another to pay a sum of money, or to do or omit to do a certain act.
When one of the parties does not do something defined in the contract, a breach of the contract may have occurred and the aggrieved party may be entitled to litigate the breach.
Contract Breach
In general terms, in order to sue for breach of a contract, there must be a contract. And, if there is a contract, usually a party can sue for breach of a contract when the party can show (generally):
- there is a valid and enforceable contract
- they are a proper party to sue
- they performed, tendered performance, or were excused from performing the contract
- the other party breached the contract, and
- the breach caused the party injury
Contracts can be simple or complex, but a breach of either type of contract is still a breach of contract.
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