Elements: Breach of Contract

To state a cause of action for breach of contract in New York, a party must demonstrate all of the following elements:

  1. Existence of a Valid Contract
    The plaintiff must demonstrate that a valid and enforceable contract existed. This requires showing mutual assent, consideration, legal capacity, and a lawful purpose.
  2. Plaintiff’s Performance
    The plaintiff must show that they performed their contractual obligations or had a valid excuse for nonperformance.
  3. Defendant’s Breach
    The plaintiff must establish that the defendant failed to fulfill their obligations under the contract.
  4. Damages
    The plaintiff must show that they suffered damages as a result of the defendant’s breach.

Contract issues? Talk to a specialist with 20 years of experience litigating, drafting, and enforcing contracts. Contact blog@titanlawny.com to schedule a call.

For more useful info, check out the Blog Archive and Elements section.

Leave a Reply

Your email address will not be published. Required fields are marked *