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7 questions regarding a breach of contract

While it is true that all breach of contract cases have their own unique details - such as what was promised or how much it cost - there are still basic elements that a judge will look at every time a claim is made. These constant elements can help determine A) if there was a breach and B) what is owed as a result of that breach.

To make this determination, a judge may ask the following questions:

  1. Did the two parties actually have a valid contract that they both agreed to?
  2. If they did, what were the requirements on both sides?
  3. Was there ever a time when they modified the contract and/or those requirements?
  4. Based on the requirements, did the breach really happen?
  5. If it did, does it appear that the violation was "material to the contract"?
  6. Is there a legal defense being offered to the party accused of the breach?
  7. If the breach did happen and was not defended, what damages relate to that breach?

By checking all of these boxes in the proper order, the court can determine both the validity of the claim and what type of financial compensation may be due to the party who was harmed by the breach. For instance, if a supplier failed to deliver materials on time and the buyer then lost sales as a result, because the buyer should have been otherwise able to make those sales, the buyer may be able to claim that as lost income.

However, breach of contract cases can get very complicated and may be contentious. Having an experienced attorney on your side can make sure you know what options you have moving forward to resolve your legal issues.

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