To state a cause of action for breach of contract in New York, a party must demonstrate all of the following elements:
- 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. - Plaintiff’s Performance
The plaintiff must show that they performed their contractual obligations or had a valid excuse for nonperformance. - Defendant’s Breach
The plaintiff must establish that the defendant failed to fulfill their obligations under the contract. - Damages
The plaintiff must show that they suffered damages as a result of the defendant’s breach.
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For more useful info, check out the Blog Archive and Elements section.

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