Elements of a Successful Breach of Contract Claim

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
  • Faxes
  • Statements
  • 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.