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Before we explain what is required to prove a breach of contract claim, we must first discuss the elements to establish a contract.

What is required to form a contract?

There are three elements to form a valid and enforceable contract: (1) an offer, (2) there must be an acceptance of the offer, and (3) there needs to be a consideration. Consideration may be the item bargained for between the parties. It could be as nominal such as a mere peppercorn, or it could be substantial such as thousands of dollars.

How does someone breach a contract?

A breach occurs when one party does not perform as he/she was supposed to perform under the contract.  

Can you recover damages if someone breaches the contract?

Yes. If one party did not perform under the contract and another party suffered damages, then that party may recover damages. Typically, damages in a breach of contract action are monetary.  

The following is an example of a breach of contract case:

Party A owns a car. Party B wants to purchase the vehicle. Party A and Party B prepare a contract which states that Party A will sell his car to Party B, and Party A agrees to accept $5,000 for the vehicle.

Party B agrees to purchase the car, and Party B agrees to pay Party A for the car.

Party A and Party B sign the contract. Party B gives Party A the money for the car, but Party A refuses to sell the vehicle to Party B.

Party B can sue Party A for breaching the contract.

If you have any further questions regarding Breach of Contract Laws, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you.

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