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What constitutes breach of contract?

| Sep 9, 2020 | Business Law |

Contracts form the basis of many business dealings in Virginia. We expect these contracts will be followed as intended, but this is not always the case. Sometimes one party fails to keep up their end of the deal, giving rise to a breach of contract claim. There are several elements that must be met if a person is pursuing a breach of contract lawsuit.

First, you must have a valid contract

First, it is important that the contract itself is valid. This means that all the necessary elements of a contract are present. Invalid contracts cannot form the basis of a breach of contract claim.

Second, there must be a breach

Those who are pursuing a breach of contract claim must be able to show the terms of the agreement were breached. A breach may be material, partial or anticipatory. Material breaches excuse the injured party from having to uphold their end of the deal. A partial breach is still a breach, but the injured party general still has to fulfill the duties they agreed upon under the contract. An anticipatory breach exists when it is suspected that the offending party will not perform their obligations under the contract.

Third, notification is necessary

Finally, a party pursuing a breach of contract claim must have provided the defendant with notification that the contract was breached before filing the claim. Written notification is generally stronger than verbal notification.

Seek legal help with your breach of contract claim

This post only provides a general overview of breach of contract claims. It does not contain legal advice and cannot form the basis of any legal filing. Those who believe their contract has been breached will want to seek the guidance necessary to understand their legal rights and options moving forward.