In today's Freedom Friday blog and email newsletter, I want to talk about another topic that I wish many of my clients would ask me about more often.  I handle a ton of breach of contract lawsuits for my clients, of various sorts and sizes, but they all have some different things in common.  There are certain “elements” you must prove in a contested breach of contact case.  In today's Freedom Friday blog and email newsletter, I'm answering the question, “What are the nuts and bolts of breach of contract in Oklahoma?”

In order to prove a breach of contract case in court, you have to prove certain elements by a preponderance of the evidence (if the case goes to trial).  Here are the four (4) key elements to a successful breach of contract case.

1.  There Must be a Contract

The first key element to a successful breach of contract case is that you must prove that a contract exists; there must be a contract to be breached.  A handshake, oral or verbal agreement, or even a piece of paper may or may not be sufficient, but you must show a valid contract exists by proving that there was an offer, the other party accepted the offer, and that something (called consideration) was given in exchange for the offer.

2.  Contractual Obligations Were Fulfilled

The second key element to a successful breach of contract case is that you fulfilled your contractual obligations (and the other party did not).  The failure of the other party to perform their contractual obligations is called a “material breach”.  For example, if you provided a service to the other party, but they did not pay for it, that's a material breach.  Payment might not be required if the contract was not fulfilled otherwise.  Perhaps you fulfilled your contractual obligations by paying for a service, but then the other party did not fulfill their obligations by not providing the service you paid for. 

3.  The Other Party Defaulted on the Contract

The third key element to a successful breach of contract case is that the other party defaulted on the contract; they did not perform or fulfill their obligations.  This could be because the other party failed to make payments as agreed or failed to provide the services or goods as agreed but could be more complex if you substantially complied with the contract but were prevented by the other party from completely fulfilling your obligations, or finishing the contract's project.

4.  Damages

The fourth key element to a successful breach of contract case is damages.  You have to prove that the other party who breached the contract caused you damages.  This may be easy to prove if your contract damages are coming from not receiving payment, not receiving the service, or not receiving financial compensation, otherwise promised.  However, if your contract is ambiguous or not well written, damages may be difficult for you to prove in court.  Contracts always need to clearly explain what each party promises to fulfill.

Thinking about starting a small business?  Or maybe your small business is having issues with contracts, leases, business partners, collection issues, or experiencing other barriers to growth?  Please contact me at [email protected] to schedule a FREE strategy session.

For more information about Liberty Legal Solutions, LLC, please visit our website at http://www.libertylegalok.com/