How Do I Prove Breach of Contract in Texas?

 Posted on August 06,2024 in Business and Commercial Law

Contracts are a fundamental component of successful businesses. As a business owner, your relationship with partners, vendors, and employees depends in part on the contracts you sign with them. These agreements dictate the nature and terms of each relationship, binding parties to their legal framework.

Sometimes, however, a party will not honor the terms of the contract. This can be out of ignorance or willfulness; but either way, a breach of contract can harm your business. Proving a breach of contract in Texas, however, is often a complex legal task. The best way to prove a breach of contract is to hire a Texas breach of contract attorney who will help you collect the necessary evidence and build a strong case.

Before we discuss how to prove a breach of contract, let us begin with the ingredients of a valid contract.

What Is a Valid Contract?

A legitimate contract contains the following elements:

• An offer is extended from one party to another, in which Party A offers something of value to Party B in exchange for a product or service.
• Party B communicates that he or she accepts the terms of the offer. Acceptance can be explicit, like through a written or verbal agreement; or it can be implicit, like if Party B signals acceptance through certain actions.
• There is a meeting of the minds between the parties. This is also referred to as "awareness," and it means that both parties have a mutual understanding of the terms of the contract and are entering into it of their own free will.
• Each party gives the other consideration, which in legal terms refers to something of value. In an employment contract, the consideration an employee receives is money, and the consideration the employer receives is a service. 
• Each party must have the authority and legal capacity to enter into the contract. This means they each must be of legal age and not incapacitated, like someone who suffers from a mental disability or someone under the influence of drugs or alcohol.
• The contract is executed and delivered to both parties. 

An agreement that contains these elements is an effective contract. If it is missing one of these elements, it may not be legally enforceable.

How Can I Prove Breach of Contract?

A contract cannot be breached if it was not valid in the first place. So, if you want to prove a breach of contract, you must show that:

• There was a valid contract.
• You kept to your end.
• The party you contracted with — the defendant — did not fulfill his or her legal obligations.
• You suffered damages as a result of the defendant’s failure to deliver.

Contact a Tarrant County, TX Breach of Contract Lawyer

Because of the many elements and nuances involved in an agreement, the best way to prove a breach of contract is to hire an experienced Hood County, TX breach of contract attorney. At Cain & Kiel Law, our extensive experience and knowledge of contract law allow us to provide exceptional legal services to our clients. Call 817-645-1717 to speak with a skilled attorney today.