Essential Elements in a Breach of Contract Case

 Posted on April 13, 2017 in Breach of Contract

Typically made between two or more consenting parties, companies, or entities, contracts may be used during sales and purchase transactions, and for jobs or services rendered. They may also be used when hiring an employee, freelance worker, or contractor. At their core, they are a legally binding and enforceable promise - but only if all required elements are present. Lack of even just one element can render the contract null and void. Learn more about the essential elements of a contract, and what it takes to enforce one through a breach of contract case, with help from the following information.

What Makes a Contract Valid?

Before there can be a breach of contract, there must first be a valid contract. What, exactly, makes a contract valid? First, there must be an offer, or the intent to enter a contract. Second, there must be an acceptance of the contract's terms. This acceptance does not have to be in writing, but oral contracts can be difficult to prove. As such, contracts should be written using clear and concise language. The last element of a valid contract is a consideration or the giving and receiving of something of value. One-sided contracts are not typically enforceable, nor are contracts that cover a prior service or transaction.

A Breach of the Contract Terms

If contracts are promises, then breaches are the breaking of that pledge. For example, if an employer fails to deliver results outlined in their contract (perhaps terminating an employee before the agreed upon term of employment has ended), the employee may then have the right to pursue a breach of contract case. However, not all aspects of a contract may be considered legally enforceable. Instead, most breaches of contract cases involve harm to one of the involved parties. Using the example of the terminated employee, damages might include loss of employment and income.

Pursing Damages for a Breach of Contract

Harmed parties in a breach of contract case may pursue damages, for any losses they experienced in the breaking of the contractual promise. Further, they may also request compensation for anticipatory losses, such as the earnings that an employee should have earned during the contract period. Of course, every situation is unique, and the outcome of a case may be primarily impacted by how effective a wronged party is at proving their losses (burden of proof). As such, it is highly recommended that individuals seek legal assistance when pursuing a breach of contract case.

At Stock, Carlson & Asso. LLC, we have the skills and experience needed to both protect your business from breach of contract lawsuits before they occur, represent you if they do, and ensure other contracts, such as non-competes, are complied with by your employees. Committed to your best interest, our DuPage County business law attorneys can suit all your company's needs. Schedule your consultation to learn more about how we can guide your company. Call 630-665-2500 today.

Source:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/700.00.pdf