How To Prove A Breach Of Contract?
Unfortunately, many businesses will deal with a breach of contract at least once. When one party to a contract fails to keep his contractual promises, the wronged party can pursue damages by filing a breach of contract claim.
However, in order to recover damages, the party who suffered damages due to the other party’s failure to uphold the terms of the contract must prove that a breach of contract occurred.
Below, we will talk about how you can prove a breach of contract in Georgia. Do not hesitate to speak with a knowledgeable Atlanta breach of contract attorney to determine how you can prove that the other party breached your contract in your particular case.
Proving a Breach of Contract in Georgia
In Georgia, the wronged party has the burden of proof when filing a breach of contract claim. To recover compensation for the other party’s breach, you must prove that a breach of contract occurred by a preponderance of the evidence. For this reason, it is advisable to be represented by an Atlanta breach of contract attorney to help you gather convincing evidence to prove that the other party failed to fulfill his end of a contract.
In order to hold someone responsible for a breach of contract, you need to prove the following four elements:
- The existence of a valid and binding contract
- Your performance of contractual obligations
- The other party’s non-performance
- The other party’s failure to follow the terms of the contract caused damages
Elements to Prove a Breach of Contract
Let’s review all four elements of a breach of contract.
- The existence of a contract
The first step in proving a breach of contract is to prove that you and the breaching party had a valid contract. A contract is generally considered valid if it meets the following criteria:
- An offer
- An acceptance of the offer
- Consideration—i.e, something of value—given by each side
- Your performance of contractual obligations
When it comes to proving a breach of contract, you must prove that you performed your contractual obligations or have a valid reason for not performing after the other party’s breach.
- The other party’s non-performance
If the other party failed to follow his contractual obligations, you would need to prove the party breached the contract. This will boil down to the particular promise or contractual provision at issue. In many cases, the breach must be material or non-trivial to give rise to a viable breach of contract claim.
- Damages
The fourth element is to prove that the breaching party’s failure to perform caused damages. In some cases, contracts specify or limit what damages are available when either party breaches a contract.
In many cases, whether or not you can sue a non-performing party for a breach of contract depends on how well a contract is written. If you successfully prove that the other party failed to perform his contractual obligations, you can seek compensation for your financial losses caused by the breach, consequential damages, and sometimes even the legal costs associated with the lawsuit.
Consult with an Atlanta Breach of Contract Attorney
If you believe that the other party failed to perform contractual duties, contact a skilled breach of contract attorney in Atlanta. Schedule a consultation with our lawyer Stacey Carroll at Carroll Law Firm by calling 404-816-4555.
