Breach of contract papers with pen and gavel

What are the Elements of a Breach of Contract Claim? 

Caleb Bland Law, PLLC Aug. 26, 2022

In an ideal business world, two or more parties who enter into a valid contract must fulfill their part of the agreement. A breach of contract occurs when a party to a legally binding agreement defaults on their contractual obligations. According to the 2021 Annual Litigation Trends survey, nearly 46% of litigations brought against companies were for contract disputes. A knowledgeable Kentucky business law attorney can help you understand the elements of a breach of contract claim and determine the ideal legal recourse. 

At Caleb Bland Law, PLLC, our attorneys have devoted their careers to offering experienced legal services and representing clients in their breach of contract claims. Whether you want to get out of a contract or sue another party or business for a breach of contract, we can offer you the detailed legal guidance and reliable representation you need to make intelligent decisions. Our firm is proud to serve clients across Elizabethtown, Shepherdsville, Brandenburg, Hodgenville, Meade County, and the rest of Kentucky. 

Understanding Breach of Contract  

A breach of contract can be described as an act of breaking the terms or provisions of a legally binding contract. Breach of contract occurs when a party, entity, or business in a contract defaults or fails to deliver on their expected contractual obligations—without any reasonable legal excuse. 

Types of Breaches 

The different types of breaches of contract in Kentucky include: 

Partial or Minor Breach  

A partial or minor breach of contract involves a situation whereby one party fails to fulfill some part of their contractual obligations, though some deliverables of the contract were received by the other party. 

Material Breach  

A material breach of contract involves a situation whereby one party fails to perform any part of their contractual obligations and defeats the purpose of the agreement or renders it irreparably broken. Due to the breach, the affected party will receive considerably less benefit or an entirely different outcome than expected. 

Anticipatory Breach  

An anticipatory breach occurs when one party to the agreement has already indicated that they won’t fulfill their contractual obligations. Even if the breach hasn’t yet occurred, the potential breaching party may be held liable. 

Actual Breach  

An actual breach of contract is a breach that has already occurred. In an actual breach, the delinquent party has partly, incorrectly performed, or refused to fulfill their obligations as indicated in the contract. 

If you believe a contract is about to be breached—or has already been breached—you need to speak with a knowledgeable business litigation attorney right away. Your attorney can review the facts of your case, determine the type of breach, and help file your breach of contract claim. 

Elements of a Breach of Contract Claim 

In order to establish a breach of contract claim, the plaintiff must prove the following elements: 

  • There was a valid or binding contract 

  • You (the claimant) performed your duties or part of the agreement 

  • The defendant failed to perform their part of the contract 

  • You suffered damages to the contract breach by the defendant 

A skilled attorney can review all the details of your case, help prove that there was a contract breach, and take appropriate legal action against the delinquent party. 

Understanding Anticipatory Repudiation 

Anticipatory repudiation is defined as the refusal of one of the parties in an agreement to perform the duties and obligations under the contract. The potentially defaulting party may express their refusal through any of these ways: 

  • A clear statement of refusal 

  • A statement or action that explicitly implies refusal 

In the event of an anticipatory repudiation, you may be eligible to file a breach of contract claim or lawsuit against the defaulting party. A knowledgeable attorney can help file your breach of contract claim and explore your options to resolve the contract dispute or seek rightful compensation. 

How Caleb Bland Law, PLLC Can Help 

Navigating breach of contract lawsuits in Kentucky involves a lot of complex processes. Settling such contract disputes usually requires evaluating the original contract and interacting with all the parties or businesses involved. Retaining a skilled business law attorney is imperative for detailed guidance and to protect your legal rights when involved in a breach of contract lawsuit. 

At Caleb Bland Law, PLLC, we are committed to guiding clients through the complexities of contract disputes and breach of contract lawsuits. As your legal counsel, we will assess every aspect of your case, review the original contract, and determine a strategic approach to your unique situation. 

You and your business deserve a strong protection of your rights. Contact Caleb Bland Law, PLLC, today to schedule a simple consultation with trusted business litigation attorneys. Our reliable legal team can offer you the detailed legal guidance you need in your breach of contract lawsuit. We’re proud to serve clients across Elizabethtown, Shepherdsville, Brandenburg, Hodgenville, and Meade County, Kentucky.