An individual may decide to file a breach of contract claim in Arizona when a party in a contract fails to perform a duty that comprises part of all of a contractual document. A breach of contract can have severe consequences for a business.
Examples of Breach of Contract
A breach of contract may look like any of the following actions mentioned below. A breach can cause significant disruption of business, cause irreparable damage to a business’s reputation, and create financial hardship. These actions include:
- Failure to complete a job or produce goods
- Failure to perform expected services
- Providing a service below the standard of agreement
- Failure to meet financial commitments
Documenting a breach of contract requires four elements to be proven. Work with a Phoenix breach of contract lawyer to ensure the appropriate documentation of a breach of contract.
Four Elements of a Breach of Contract in Arizona
A breach of contract is among the most common reasons for business partnership disputes in Phoenix. Proving the four elements of a breach of contract is challenging.
Is There a Valid Contract?
The individual citing a breach of contract must prove an oral or written commitment existed between the two parties. To verify this, there must be evidence of the following:
- An offer;
- An agreement of the terms by both parties;
- A consensus or meeting of the minds as to the material exchange;
- An acknowledgment by both parties of the acceptance of the terms;
- And an intention by both parties that the contract is bound by law.
If any of the following conditions are absent, then proof will not exist. This element in a breach of contract is the most challenging to prove. And an oral agreement that is breached can be significantly harder to confirm because there must be a way to demonstrate the existence of a contract and its validity.
What can be offered as proof of an oral contract?
- Exchanged emails
- Any written documentation verifying the validity of an oral contract and its existence
Legal Obligations Were Upheld by the Plaintiff
The party that is citing a breach of contract must show that they performed their portion of the duties outlined by the contract. If this is not the case, then a valid reason must be presented for nonperformance.
Failure to Perform
The party not holding up to their contract duties is in breach. A breach is classified in two ways.
- Minor breach: A disruption that does not prevent the fulfillment of a contract; The terms of a contract are fulfilled but not in the way specified by the contract, such as a product being delivered late.
- Material breach: A major departure from the terms of the agreement occurred, preventing the services from being delivered or executed in an unsatisfactory manner.
Damages Resulted from the Breach
As a result of the terms of the contract not being met, the party must show injury. Often contracts will define what is considered a breach of contract. These clauses can clarify for both parties what actions will constitute a breach.
Note that time limits apply to filing a breach of contract claim, and filing outside of these limits will likely result in a dismissal of your claim.
Work With a Phoenix Breach of Contract Attorney
The Law Offices of William D. Black offers exceptional support to business professionals navigating Phoenix contract disputes. Find solutions for a breach of contract in Arizona by working with William D. Black today. Experience counts when business disputes threaten your success.