Elements to Prove After a Breach of Contract
Businesses are built on contracts. Many employers require their employees to sign a contract, establish contracts with the different suppliers and vendors they use, and more. Contracts create obligations for all parties named within the agreement and make those obligations legally binding. If someone decides not to comply with the terms of a contract, there are then legal remedies that allow any wronged party to hold the accountable party financially responsible. Below, one of our Utah business law attorneys explains what you need to prove after a breach of contract.
Elements to Prove After a Breach of Contract
Not surprisingly, the first element you must prove is that a contract existed. This means you must show there was an agreement in place outlining the responsibility of each party and an exchange of something of value. Legally, this value is known as consideration. Lastly, you must show that the contract was executed properly. For example, if a contract does not meet the requirements under Utah law, it will be deemed void and therefore, no breach would have occurred.
In the majority of cases, a written contract is the best way to prove the above elements. The strongest breach of contract cases show that the breach caused material harm. This means the harm caused must have been significant. If there was only a minor breach, it may not be practical to take legal action over the matter.
The Statute of Limitations for Breach of Contract
Breach of contract cases are governed by a statute of limitations, or a time limit. In Utah, the statute of limitations on these cases is four years for a verbal contract and six years for a written contract. Parties suing for breach of contract must file their suit before this time limit expires. If they fail to do so, they will likely lose their legal right to take legal action.
How to Make a Breach of Contract Claim
Filing a breach of contract claim begins with filing the appropriate paperwork with the court. The party filing the lawsuit must then serve notice to the party that is allegedly in breach. After the complaint is filed and notice is served, both sides will have the opportunity to file motions and responses. Throughout this time, the differing sides can also negotiate with each other to reach a fair agreement. If the parties cannot reach an agreement, they will have to argue in front of a judge who will then make the final decision in the case.
Our Utah Business Law Attorneys Can Help After a Breach of Contract
As a business owner, it is critical that your contracts are drafted properly to avoid disputes in the future. Should a dispute occur, our Utah business law attorneys at AGS Law can review your contact, prove the different elements of your case, and help you obtain the best possible outcome. Call us now at 801-477-6144 or chat with us online to schedule a consultation with one of our experienced attorneys and to get the legal advice you need.
Source:
le.utah.gov/xcode/Title70A/Chapter2/70A-2-S725.html
