Was A Contract Breached?
At Lindquist Wood Edwards LLP in Dallas, we handle breach of contract litigation on behalf of businesses and individuals.
Parties in a breach of contract case frequently disagree about one or more of the following:
- Whether a contract was formed;
- whether the contract is sufficiently definite to be enforceable;
- whether one or both parties was mistaken about the terms of the contract;
- whether one or both of the parties has fully performed;
- whether the consideration was adequate;
- whether the contract is voidable because its terms are illegal or oppressive;
- and whether the contract was induced by fraud.
Typically, a breach of contract claim is based upon one party’s violation of a written contract which causes the non-breaching party to suffer damages. However, breach of contract claims can also be based upon what the law calls implied contracts.
Moreover, the law sometimes will assume a contract to exist based upon a legal duty or relationship by one party to another. This is sometimes referred to as a quasi contract. Some contracts, including most contracts for the sale of real property, must be in writing to be enforceable.
If you have been sued for breach of contract, you need to carefully consider whether you may have defenses available to you which will prevent the plaintiff from proving its claim against you.