Breach of Contract

If you have a contract that needs to be enforced or you have been accused of a breach of contract, you need an experienced law firm to guide you through the process. Business litigation attorneys at Dunnam & Dunnam routinely represent people involved in contract disputes. You will need an experienced attorney to evaluate the following when you find yourself in a contract dispute.

    • 1.

Is there an enforceable contract?

    • A person can only be held liable for a contract that can be enforced by a court. Look for the following items in evaluating a breach of contract claim.

      • A.


      • . All parties must be in agreement about the terms of a contract. If it is unclear, after reading the contract, there may not be an enforceable agreement.


      • B.


      • . All parties to a contract must incur some type of obligation to the other.


      • C.


      • . An agreement to perform an illegal act cannot be enforced by a court.


      • D.


      • . An agreement that is impossible cannot be enforced. But the event that makes performance impossible must not be the fault of the breaching party.


      • E.


      • . The statutes of fraud require some contracts to be in writing in order to be enforceable. Such agreements include agreements not performable within a year, the sale of certain goods, and sale of land.

2. Is there an actionable breach? The analysis of a breach of contract claim does not end there. Follow these elements to determine if there is a breach of contract claim.

      • A.

Substantial performance.

      • If a party performed with some minor flaws, a Court may find that he or she has substantially performed and therefore is not legally responsible for breach of contract.


      • B.

Material breach.

      • The breach must be for an important term of the contract.


      • C.


      • The contract breach must have resulted in financial damages to the party complaining about the breach of contract.

3. Why was the contract breached?

      • A.

Anticipatory breach.

      • This occurs when a party breaches a contract in anticipation of the other party breaching it.


      • B.

Prevention of performance.

      • When one party prevents the other party from performing, he cannot complain when that party fails to perform.


      • C.

Lack of capacity.

      • Children and the mentally ill have no capacity to enter into a contract.


      • D.


      • When one party misrepresents a material fact concerning an important item of the contract or if one party induces the other into entering a contract based upon fraud, he or she may not be responsible if she or he choose to breach the contract upon discovering the fraud.

4. What are the damages?

      • A.

What does the contract say?

      • Many agreements assess damages in the contract. Review the contract to determine the issue.


      • B.

Fees and costs.

      • Attorneys fees and expenses can be sought by the party.


      • C.

Actual damages.

      • The damages incurred by the breach mat be assessed against the breaching party.

The contract dispute attorneys at Dunnam & Dunnam include:

Call a Central Texas contract lawsuit attorney or Waco contract dispute attorney at 254-753-6437 to discuss your matter.