From creating legally binding agreements between two or more entities to outlining the terms and conditions regarding the same, contracts are an essential part of every business. However, hundreds of contract breaches happen yearly, and unfortunately, the numbers keep increasing. In fact, according to recent reports, contract breaches account for 33% of civil trials. The only difference is that it is now easy to fight a contract breach and get the compensation you deserve.
Even though complex, proving a breach of contract the right way is essential to recover from the damages and mitigate the risks of a breach in the future. Should this occur, it is the responsibility of the victim party to prove the alleged damages to establish validity for their claim. The business attorneys at King & Jones recommend the victims get legal help as soon as possible. In this article, we share six tips to prove a breach of contract.
Understand the Terms of the Contract
A contract involving an offer, acceptance, and mutual consent legally binds two or more parties to a cause. The first step is to understand the terms and conditions of the contract in order to determine whether it has been breached or not. This means reviewing the material elements that make up the contract, such as the agreement's purpose, the offer, the time frame for completion, the technique used to complete the service, and the amount in debt. You must clearly understand the contract terms to make a strong case and counter each neglected clause in front of the at-fault party.
Gather Evidence to Prove the Breach
You need to gather evidence to prove that the contract was enforceable and the other party failed to fulfill their commitment. Look at the following elements:
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Offer: Both parties had the intention to sign the contract.
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Consideration: For a contract to be valid, it must be a give-and-take agreement.