Breach of Contract Attorney

When is a Contract Formed?

For a valid contract to exist, it must include the following four elements:

1. There was an offer followed by an acceptance;
2. A “meeting of the minds” between both parties regarding the terms of the agreement;
3. Mutual consent to the agreement; and
4. A plan to execute the agreement.

Without these four elements, a valid contract most likely does not exist. A contract may be binding whether it is in writing or an oral agreement between the parties. Contract law can be very complicated and there are several exceptions to these rules. A skilled business litigation attorney will be able to analyze the facts of your case to determine whether a valid contract exists.

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Breach of Contract

A breach of contract is simply the failure of one party to satisfy the requirements arising from a contract. However, not every breach will give rise to a cause of action. There are four elements a party must prove before she can bring a cause of action for breach of contract. Those elements include:

1. Proof that a valid contract existed, either written or oral;
2. One party performed under the contract
3. The other party failed to perform under the contract; and
4. The performing party suffered damages due to the breach.

There are two main types of breaches: material and non-material.

Material Breach of Contract

A material breach of contract is a breach so fundamental to the contract that it allows the non-breaching party to terminate the contract. It shields the non-breaching party from any liability or further contractual obligations under the contract since the breach was so egregious.

Non-Material Breach of Contract

A non-material breach of contract is still a breach; however, it is not as fundamental to the performance under the contract and most likely will not allow the non-breaching party to terminate the contract. If a party commits a non-material breach, they are most likely given a period of time to cure their breach before the contract may be terminated. In this situation, both parties are still bound by the terms of the contract. Contact a Business Litigation Attorney Today If someone in your life has breached a contract, or if you may be in breach, call KIRKER | DAVIS, LLP today to speak with a highly qualified business litigation attorney to help protect your interests.

Contact today a Breach of Contract Attorney in Texas

Our Kirker Davis LLP Breach of Contract Attorneys serve people inside Texas and our firm is conveniently located near you. We have an office in Austin at 8310-1 N Capital of Texas Hwy Bldg 1, Ste 350, Austin, TX 78731. Find us with our GeoCoordinates: 30.38639118067484, -97.76789826582365.

Chris M. Kirker

Christopher M. Kirker is a Partner and Trial Attorney at Kirker Davis for complex family law litigation, primarily high-net-worth Texas divorce, custody, division of property, business ownership litigation, and trial consulting.

Education: Baylor University School of Law, cum laude, J.D. (2010)
Years of Experience: +13 years
Justia Profile: Christopher M. Kirker