Elements OF Breach OF Contract Claim PDF

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ELEMENTS OF BREACH OF CONTRACT CLAIM The plaintiff must prove: 1. Valid Binding Contract Exists a. Offer b. Acceptance c. Consideration d. Intent to be legally bound e. Mutuality (meeting of the minds as to terms) f. No vitiating/negativing elements (Contract is legal and parties have capacity) 2. Breach of the Contract a. Must establish what are the terms of the contract i. Express Terms ii. Implied Term iii. Consider the effect of Parole Evidence Rule b. Prove defendant breached a term or terms of the contract c. Exclusion Clause i. If exclusion clause included in contract, does it cover breach complained of? ii. Any other ways around the exclusion clause? 3. Damages Resulted from the Breach/Remedies from the Breach a. Common Law -- Damages i. Is the term breached a condition, warranty or innominate/intermediate term? ii. Remoteness of damage iii. Measure of damages iv. Mitigation of loss v. Causation b. Equity – i. Specific Performance ii. Injunction iii. Rescission iv. Restitution...