Requirements of a Breach of Contract Lawsuit


Breach of Contract pic
Breach of Contract

As a privately practicing attorney in Minneapolis, Minnesota, Paul Sortland represents plaintiffs in a wide range of business and personal injury disputes. Breach of contract is one of several matters that Paul Sortland handles.

A breach of contract lawsuit may be appropriate if a party to an agreement fails to perform the duties specified or make an agreed-upon payment. Either case requires the plaintiff to prove the existence of a valid contract. This must include a formal, concrete offer and an acceptance thereof, as well as a benefit to each party and verification that the agreement was for a purpose allowable under the law.

The plaintiff must then demonstrate that the defendant failed to fulfill the terms of the contract and was at fault for doing so. The plaintiff must also prove that he or she abided by the contract but did not receive his or her due in return while also showing that the loss had some monetary value.

If the court finds that the evidence presented is sufficient and thus decides in favor of the plaintiff, he or she may receive damages. Although these most often take the form of monetary compensation, some cases instead resolve with another action that corrects the breach. Such actions may include rewriting the original contract, canceling the contract and drafting a new one, or requiring the defendant to fulfill his or her duties under the contract.