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What are the elements of a contract?



The elements of a contract, there are three. First, you have to have a valid contract in place. That means one side has made an offer and the other side has accepted an offer. That could be in writing but it doesn’t necessarily have to be in writing. Many contracts can be verbal or oral.

The second element is that there’s been a breach. That means that one side or the other has violated the terms of whatever they agreed to.

The third element is damages. That means somebody has been harmed as a result of that breach. If all three elements are satisfied, that is valid contract, a breach and damages, then the victim may have a cause of action for breach of contract.

Please Note: McCabe Rabin, P.A. provides these FAQ’s for informational purposes only, and you should not interpret this information as legal advice. If you want advice as to how the law might apply to the specific facts and circumstances of your case, please click here to contact one of our attorneys.

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