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How do you prove breach of contract?

On Behalf of | Dec 13, 2021 | Contract Law

When you enter a contract with another party, you expect them to execute their obligations as per the terms of your agreement. However, they may fail to do that in some cases without legal reasons, thereby breaching the contract.

Given that the consequences of a breach can be costly to your business, how do you go about proving your case? Below is what you need to show.

The existence of a legally binding agreement

Usually, contracts have key components that make them binding to the parties. While your agreement can be oral or written, it must have an offer that the other party accepts with some consideration, such as payment.

You performed your obligations

You must show that you played your part and that no lapse on your end was the reason for the breach. By adhering to the terms of a contract, you are entitled to enforce it.

Non-performance by the other party

You also need to show that the other party materially breached the contract. A material breach has a substantial impact on the contract’s terms that prevent it from being fulfilled.

You suffered damages as a result of the breach

You need to have proof of damages or losses that came about the breach of contract. Damages may include time lost or monetary losses brought about by the breach.

Protecting your business interests

If your business incurred losses from a breach of contract, it is possible to seek a remedy for that. You can turn to the courts for relief if you have exhausted all other options in resolving the matter. However, it is necessary to have the proper documentation and knowledge of the process involved for a desirable outcome.

Remember, there is a limited time to make your claim, and the actions you take following a contract breach will determine whether or not justice will be served.


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