From purchasing a simple meal to signing a multi-billion dollar contract, our society joins into contractual agreements as an everyday part of our lives. Despite the commonality of contracts and agreement, they are a source of constant dispute. This has given way to widespread litigation for some of the most basic terms and provisions. In Texas, individuals and entities looking to enforce a contract look for the following elements to prove a breach of contract:

1. There is a valid, enforceable contract;
2. The plaintiff is a proper party to sue for breach of the contract;
3. The plaintiff performed, tendered performance of, or was excused from performing its contractual obligations;
4. The defendant breached the contract; and
5. The defendant’s breach caused the plaintiff injury.

Failure to establish any of these elements can cause a claim for a breach of contract to fail. This, however, is not where legal theories on contract law end. Contract claims can be subject to numerous affirmative defenses which must be specifically pleaded, exceptions, and may incorporate different codes and even other agreements. Having an attorney well versed in litigation and contract law can help you with your ongoing litigation. To obtain help in your case, call Nguyen Law Firm at (832) 594-9771 or fill out a case information form.