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What is needed to bring a breach of contract action?

Well to bring a claim for breach of contract you basically need to have three things.

First you have to have a valid contract. We all know what a written contract means. The contract is still always have to be in writing. Sometimes they’re oral. The basic definition of a contract is a meeting of the minds between two people to agree on some specific thing to be done. That’s the first thing, you have a valid contract.

The next element is a breach; once you have a contract did one side or the other not live up to what they were supposed to do.

Assuming you have that second element, you also need the third element which is damages. In other words, as a result of the breach, did one side or the other suffer damages of some type? If you have all those things: a valid contract, a breach, as well as damages, then you have a potential claim 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 contact one of our attorneys.

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