How do you prove a breach of contract in Georgia?


Quick Answer

Plaintiffs must prove breach of contract in Georgia by showing that one party actually suffered non-speculative losses due to another party's breach, according to law firm Brownstein & Nguyen LLC of Atlanta. Some cases may require the plaintiffs to show they attempted to remedy the loss after the breach.

Continue Reading

Full Answer

The general breach of contract law in Georgia states plaintiffs can recover damages sufficient enough to put the plaintiffs in the same financial position had the contract been fulfilled, states Gorby, Peters & Associates, P.C. Proving a loss of profits can be done by citing examples of similar companies in past cases of contract law. Qualified expert witnesses can show the court how profits may have been affected by a breach.

A specific way to show loss of income or profits lies with an absolute value on a contract, notes Gorby, Peters & Associates, P.C. If a contract was worth $750,000 and another party failed to deliver certain sales figures by a predetermined time, plaintiffs can petition the court for $750,000 in damages from the other party.

The burden of proof in breach of contract cases lies with plaintiffs who sue defendants to remedy damages caused by an alleged breach, according to Brownstein & Nguyen LLC. Plaintiffs must show a contract existed between the parties and then prove other parties didn't fulfill the contract. Damages recovered by plaintiffs in these cases include attorney's fees, business losses, lost income and expenses.

Learn more about Law

Related Questions