Enriching Life Through Innovative Ideas SM

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.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.


I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.


Read All