How to Prove Breach of Contract

ISLANDIA, N.Y. - May 14, 2020 - PRLog -- A contract is simply an agreement between two or more parties that is legally enforceable. A contract can include anything from a multi-page document that was drafted by a lawyer, or a simple handshake between two people. In any case, when one party breaches that contract, they break the promises they agreed to when entering into the agreement. Breaches of contract are the most common legal dispute in New York and when a breach occurs, the party that was wronged can file a lawsuit against the party that did not fulfill their promise. To do this, they will have to prove that the other party did in fact, breach the contract.

Proving a Breach of Contract

Although it may be clear to you that someone else breached the contract, you will still have to prove it in court in order to claim damages. A breach of contract case includes four elements of proof, including:

- The existence of a legally enforceable agreement,
- The fact that you fulfilled your end of the agreement,
- The defendant, or other party, did not fulfill their end of the agreement, and
- You sustained damages, or losses, as a direct result of the defendant's breach

For a successful case, you must prove all four of these elements. This is more difficult than it sounds, as there are some common problems associated with proving a breach of contract.

Common Problems Associated with Proving a Breach of Contract

Two common problems often arise in breach of contract cases. The first occurs when the contract was not in writing. According to New York's Statute of Frauds, most, although not all, contracts must be in writing in order to be enforceable. In total, the statute outlines 10 instances in which a contract must be written.

One instance in which a contract must be in writing is when one person is paying compensation to another for negotiating a loan. Another is when one person is negotiating the purchase or sale of real property in exchange for compensation. When these specific contracts are not in writing, the court will deem the contract unenforceable and therefore, it is difficult to prove a breach of that contract.

Another common problem associated with proving a breach of contract case is when the defendant denies that a contract was ever in place. This commonly occurs when the contract was not in writing, but was an oral agreement between two or more parties. In these cases, you must prove the essential and specific terms of the agreement that your claim is based on.

Unfortunately, these are just two of the most common problems associated with proving a breach of contract case.

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