What Is a Breach of Contract Claim in Connecticut?
Ideally, everyone would honor verbal promises or handshake agreements. Unfortunately, this is not the reality of the business world. Legally binding contracts are often needed to ensure that parties stay true to their word. When a party does not meet the expectations of a contract, you may choose to take legal action in the form of a breach of contract claim.
Three Main Elements
A contract can be thought of as a legally enforceable promise. Contracts vary significantly in their scope and complexity, but all contracts define certain rights and responsibilities for the involved parties. When one of the parties in a business contract fails to fulfill his or her responsibilities, the other party or parties may pursue a claim for breach of contract. There are several elements that must be present in a breach of contract lawsuit in order for the plaintiff to be awarded restitution. To win a breach of contract claim, the plaintiff will need to demonstrate the following:
A valid contract exists between the two parties. Both oral and written contracts may be legally enforceable, but oral contracts are generally much more difficult to prove. A valid contract includes an offer, the voluntary acceptance of that offer, and reasonable consideration for each party.
There was a breach of terms. The plaintiff must show the specific elements of the contract that were violated. For example, a party may have been obligated by the contract to deliver a certain product or service by a selected date, and that party failed to uphold this obligation. The court must determine whether or not the missed deadline constitutes a breach of contract. Typically, the alleged breach must have some notable effect on the value of the contract in order for the court to consider a claim.
The breach of contract caused damages. Showing that a contract violation occurred is not enough to win a breach of contract claim. The plaintiff must also demonstrate that the business suffered some type of financial injury as a result of the breach. Damages can include lost funds, time, and other quantifiable injuries. In egregious cases, the court may also award the plaintiff punitive damages. The court also has the authority to enforce penalties or fees specified by the contract.
Contact a Stamford, CT Breach of Contract Lawyer
If you own your own company, it is important to understand the laws that pertain to your livelihood. To learn more about contract review and drafting, breach of contract claims, and other business law concerns, contact a skilled Fairfield County business law attorney from the Law Offices of Peter V. Lathouris, LLC. Our dedicated professionals have over 32 years of experience helping business owners protect their businesses and meet their professional goals. Call us today to schedule a complimentary initial consultation.
Sources:
http://www.allbusiness.com/when-can-you-sue-for-breach-of-contract-4141-1.html
https://www.cga.ct.gov/2005/rpt/2005-R-0878.htm