Providing trusted legal counsel for credit unions, banks, businesses and individuals in the Tri-state area since 1989.

What are the considerations for breach of contract?

On Behalf of | Feb 3, 2021 | Commercial Disputes |

A breach of contract involves one of the parties to the agreement doing something to break the terms. To prove a breach of contract, you must have proof that a breach exists. 

According to the University of New Mexico, to win a breach of contract case, you must prove the other person failed to honor part or all of a contract. You also must show other elements are present. 


You will need to show that you have damages as a result of the breach. Damages may be financial loss or some other type of loss or harm that has come as a result of the other party not honoring the contract terms. 

Occurrence of breach

You will have to provide evidence of which term or terms in the contract the other party did not honor. You need to provide not only the terms within the contract but also proof of what happened to make it a breach of contract. 

Contract terms

The court will require to see the contract. You must show you have a legally valid contract to begin with. If there were changes or modifications to the contract after its initiation, you may have to show proof they were done under mutual agreement and that they did not alter the legality of the document. 


Finally, you will have to be ready to defend against any claim the other party may make that he or she legally broke the contract. There are several ways someone can breach a contract and not be in violation of the law, so you must be sure none of these circumstances exist in your situation.