Understanding Breach of Contract
A breach of contract occurs when one party fails to perform their obligations under a valid agreement. This can include:
- Failing to deliver goods or services as promised
- Not paying for goods or services received
- Delivering substandard work or defective products
- Missing agreed-upon deadlines
- Violating specific terms of the contract
Elements You Must Prove
- Valid contract existed between parties
- You performed your obligations (or were excused from doing so)
- The other party failed to perform their obligations
- You suffered damages as a result
Available Remedies
- Compensatory damages (the amount you lost)
- Consequential damages (additional losses caused by the breach)
- Specific performance (forcing them to do what they promised)
- Contract rescission (canceling the contract and returning to pre-contract positions)
Tips for Your Demand Letter
Reference the specific contract provisions that were violated. Include dates, quote relevant sections, and clearly state how the breach harmed you.
Questions About Breach of Contract Demand Letters
What is breach of contract?
Create a demand letter for breach of contract. When the other party fails to fulfill their contractual obligations, a formal demand letter is your first step toward resolution.
What must I prove in a breach of contract claim?
To succeed in a breach of contract claim, you must prove: Valid contract existed between parties; You performed your obligations (or were excused from doing so); The other party failed to perform their obligations; You suffered damages as a result.
What can I recover?
Available remedies include: Compensatory damages (the amount you lost), Consequential damages (additional losses caused by the breach), Specific performance (forcing them to do what they promised), Contract rescission (canceling the contract and returning to pre-contract positions).
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