Breach of contract is a legal cause of action in which one or more parties to a legally binding agreement fails to perform pursuant to the agreement. The non-breaching party, or parties, may be entitled to monetary damages or specific performance of the agreement but such recovery can only be enforced through a judgment from the court.
If you are seeking a breach of contract claim, you must demonstrate:
- A valid contract exists. The elements of a valid and enforceable contract are:
- Mutual Assent – There must be a clear “meeting of the minds” where both parties agree to the offer and intend to be bound by its terms.
- Consideration – There must be consideration, or something of value exchanged by both parties of the contract.
- Capacity – Both parties must have the mental capacity to knowingly enter into the agreement.
- Legality – The contract must be for a legal purpose.
- That you have met your obligations under the contract. In the event you are prevented from meeting your obligation, you need to show it was caused by the other party not holding up their end of the bargain.
- That the other party failed to meet their agreed upon obligations. The failure must be a “material breach” of the contract. A “material breach” goes to the core of the contract meaning the reasons for entering into the contract
- You suffered damages as a result of the breach. The types of damages you can recover depend on the type of contract and nature of the breach.
- Punitive damages are generally not awarded in breach of contract actions. Punitive damages are awards ordered by the court to prevailing party in order to punish the other party.
James G. Dibbini & Associates, P.C. has over 20 years of experience representing clients in breach of contract cases. Depending on the circumstances and type of breach of contract, we have helped these clients terminate the tenancy, secure millions of dollars in judgments, and/or get specific performance of the contract terms. Please give our firm a call at (914) 965-1011 and let us help you.