Breach of Contract Attorney in Corpus Christi, Texas
To bring a lawsuit for breach of contract, a few essential elements are needed.
Not every violation of a contract’s terms is serious enough to warrant a court trial, so there are standards applied to determine the case’s merit.
The first key element is that there has to be a valid contract, which includes:
- an offer and acceptance: the two parties have some intention to form an agreement, and in some cases those can be implied
- the exchange of some value or ‘consideration:’ this provides benefits backing a promise
Once the valid contact is established, there has to be some part of it that is breached. In other words, one party is not living up to the terms of the agreement, whether that is payment of money or services that need to be delivered.
However, not every breach is significant enough to bring a lawsuit.
The breach must be ‘material,’ or affect some central part of the contract, and only then can it form the basis for a claim of damages.
The aspect of damages is crucial, since some breaches really don’t create any economic harm and can’t be pursued for that reason.
Just because a contract is breached does not mean that either party was damaged.
Nonetheless, breaches resulting in non-payment or non-performance can carry clear damages that can be sought in a breach of contract case. In some instances, punitive damages can be assessed if the breach is especially harmful.
A breach of contract case requires an attorney who knows the details of contract law and can help you resolve the case to your satisfaction.
Bobby Bourlon is a qualified contract attorney in Texas, and he can be your advocate in any contract dispute.
Please call today at 361-289-6040.