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Defining breach of contract in Texas

On Behalf of | Feb 3, 2019 | Contract Law

In business, your ability to hold partnering organizations in Houston to the agreements that your company has with them is vital. Without some measure of enforceability, there is no guarantee that the other side will not simply walk away from your partnership whenever it believes it to be in its best interest to do so. Fortunately, the penalties associated with breaching a contract often serve as a deterrent to such action. Yet when is a company or individual actually considered to be in breach of contract? That is a question many in your position have posed to us here at The Kruckemyer Law Firm over the years.

If you share the same inquiry, not to worry; what constitutes a breach of contract has been very firmly established by Texas state court rulings. To show that a partner violated the terms of your contractual agreement, you must prove the following four elements:

  • That you did indeed have a valid contract in place
  • That you (and/or your company) had rendered the performance mandated by the contract
  • That your partner breached the contract by violating its terms
  • That you (and/or your company) sustained damages as a direct result of that breach

As you can see, your case for breach of contract rests on the ability to prove that you had a contractual agreement. Most might assume that a written document is sufficient to prove such an agreement, yet that may not always be the case. Such an agreement must have an element of consideration, which shows that both you and your partner will receive some sort of benefit in exchange for a mutually agreed upon service.

You can learn more about the regulations enforcing contracts by continuing to explore our site.

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