What constitutes a breach of contract? A breach of contract occurs when one party enters into an agreement with another via a formal legal method, but then fails to perform the tasks laid out in the contract. However, the plaintiff is responsible for proving several points to be successful:

The Validity Of The Contract: The plaintiff will need to prove four conditions in order to show that the contract was indeed legal and binding. In a valid contract, both parties must be in agreement, must be capable of entering into a contract agreement, must receive something of value as a result of the contract and must not engage in any illegal activity. If any of these areas cannot be upheld in court, the contract is not valid and therefore not enforceable.

Agreement Over The Terms Of The Contract: The plaintiff will also have to prove that he did in fact abide by the terms of the contract. This may be showing that money was sent to the defendant with the expectation of agreed-upon action to follow, or that a certain action was performed incorrectly or inefficiently, according to the terms outlined in the contract. If the plaintiff can show that his actions were in line with the contract, that’s a step in the right direction for proving a breach of contract.

Failure Of The Defendant To Meet The Terms Of The Contract: The plaintiff will also need to show exactly how the defendant failed to perform the terms of the contract. Sometimes this can mean an attempt to interpret the language within the contract and compare that to the actions or inactions of the defendant. While some breaches of contract are easier to show (lack of products delivered or service rendered), any breach should be contrasted with the contract.

Proof Of Damages Sustained: Finally, the plaintiff must demonstrate that damage occurred as a result of the breach of contract. This could mean lost money, lost clients and a number of other issues.

Once all of these issues are presented and proven in court, the plaintiff will move closer to success in litigating against a breach of contract.