When businesses or people want to agree on how something will occur or how an exchange will happen, they use a contract. This has been an age-old means of creating an obligation people can be liable to and can’t run away from. If someone decides to step out of a contract, the law provides remedies to hold that party accountable financially.
Elements Needed to Breach Contract
The first element needed is to show a contract in place. That means at least two parties identified have spelled out an agreement on how to behave, there is an exchange, and some kind of value in that exchange. The value is, in the legal system, known as consideration. Finally, the contract’s execution — putting into action. If these elements aren’t proven, a contract will cease.
In most cases, a written contract is probably the best proof of an existing legal agreement. It defines the terms of behavior, the exchange, and the consideration of each of the parties involved, and it shows the signatures of the parties proving execution.
The breach of the contract depends on its writing and failure to fulfill it. The strongest argument is that the breach is “material,” which means the failure to perform has killed the contract. If the breach is minor and it can still comply with the contract, it may not be the strongest argument to the court. So, a material breach is typically the argument one wants to make.
Statute of Limitations
The statute of limitations provides a set time to file a lawsuit for a contract breach. For contracts, the deadline varies from state to state. In Utah, the statute of limitations is four years for a verbal agreement and six years for a written contract.
This is an important date; filing a breach lawsuit with the court beforehand to avoid becoming moot. However, the opposing party has to raise the issue as a defense for the court to dismiss. It doesn’t happen automatically.
How to Make a Breach Claim
The first step is filing a formal lawsuit with the Utah district court to file correctly. A breach is nothing without a court filing. Secondly, there should be proper notice of the lawsuit. Once filed, the plaintiff filer has to make the correct subsequent filings and motions and respond to the defendant’s filings. Ultimately, it ends up in a trial if the settlement or mediation can’t solve it.
Given all the above, there’s no question that a breach of contract lawsuit is a complicated affair. It’s a hard decision to go forward, given that there’s no additional recovery, such as punitive damages, unless the case involves fraud, for example.
Much of what business lawyers in Heber Utah, typically seek involves getting back to a status quo versus the loss caused by the alleged breach. As a result, an expert contract attorney is a must. There’s not any room for ambiguous legal maneuvers.
The Gordon Law Group has provided clients with Heber Lawyers dedicated to quality contract representation in legal proceedings and court. Proving breach of contract can be challenging, and the Gordon Law Group excels among Heber business lawyers in this arena.
Give our team a call or reach out if you face a troublesome contract situation. You may get surprised by what’s possible in terms of solutions and our expertise in legally proving the elements of breach of contract in court.
