How Do You File a Lawsuit for Breach of Contract?


Quick Answer

Filing a lawsuit for breach of contract requires the party bringing the suit to prove the existence of a valid contract, that the terms of the contract were breached, that the defendant is the correct party to sue and that damages have been incurred, according to Nolo. A contract is any agreement between two or more parties that is enforceable by law, notes Cornell University Law School.

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Full Answer

Courts can only enforce a contract that is valid and properly formed. That is, it must consist of a clear and certain offer, the offer must be accepted, consideration must be given by each party whereby each party receives a benefit from the other, and the contract must be for a legal purpose, explains LegalMatch. To recover the damages, the claimant must prove that there was a material breach of the contract terms. Minor violations are not sufficient to make a claim. To the extent the contract is valid and a sufficient breach exists, the claimant must prove damages with a reasonable level of certainty.

Remedies for breach of contract can be either monetary or equitable, notes LegalMatch. Monetary damages consist of money being awarded to a party to compensate him for the loss caused by the breach. Alternatively, equitable remedies require action by the parties, such as requiring the breaching party to specifically perform his obligations under the contract, revising the disputed parts of the contract in an effort to resolve the issue, or completely canceling the contract and drafting a new one.

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