How To Prove A California Breach of Contract Claim

 

How To Prove A California Breach of Contract Claim

 

In California, a claim of Breach of Contract is defined as:

Violation of a contractual obligation by failing to perform one’s own promise, by repudiating it, or by interfering with another party’s performance.

It simply means:

When one party fails to uphold their end of a contract.

There are 6 elements of the claim:

  • Element 1. Plaintiff and defendant entered into a contract. A plaintiff and defendant agreed to specific terms in a contract, which is a key part of a breach of contract claim, meaning they both promised to do certain things for each other.

    Facts that might support this element look like:

    * The plaintiff and defendant exchanged signed documents outlining the terms of their agreement on January 15, 2023.
    * Both parties discussed and agreed upon the specific deliverables and timelines during a meeting on December 20, 2022.
    * The plaintiff provided a payment of $5,000 as consideration for the services outlined in the contract.
    * The defendant acknowledged receipt of the payment and confirmed the commencement of work via email on January 16, 2023.
    * The parties communicated regularly about the progress of the project, demonstrating mutual assent to the contract terms.

  • Element 2. Plaintiff did all, or substantially all, of the significant things that the contract required or was excused from having to do them. The plaintiff completed most of the important tasks outlined in the contract or was allowed not to complete them, which is a key part of proving that the other party breached the agreement.

    Facts that might support this element look like:

    * Plaintiff completed all required deliverables by the specified deadlines outlined in the contract.
    * Plaintiff communicated regularly with the defendant to ensure compliance with contract terms and address any concerns.
    * Plaintiff incurred additional expenses due to unforeseen circumstances, which were communicated to the defendant, excusing certain obligations.
    * Plaintiff provided all necessary documentation and support as required by the contract, demonstrating full compliance.
    * Plaintiff made reasonable efforts to fulfill contractual obligations despite the defendant’s failure to provide essential resources.

  • Element 3. The conditions required by the contract occurred or were waived. For a breach of contract claim, it must be shown that the specific conditions outlined in the contract either happened as expected or were intentionally set aside, meaning both parties either fulfilled their obligations or agreed to overlook them.

    Facts that might support this element look like:

    * The parties agreed in writing to extend the deadline for performance, thereby waiving the original conditions of the contract.
    * The plaintiff acknowledged receipt of the deliverables and did not raise any objections, indicating acceptance of the contract’s terms.
    * The defendant provided evidence that the required conditions were met prior to the deadline specified in the contract.
    * The parties engaged in discussions that implied mutual consent to modify the contract terms, effectively waiving certain conditions.
    * The plaintiff’s actions demonstrated an understanding that the conditions of the contract had been fulfilled, as they continued to perform under the agreement.

  • Element 4. Defendant failed to do something the contract required or did something the contract prohibited. A breach of contract happens when one party doesn’t do what they promised in the agreement or does something they weren’t allowed to do, which can lead to legal consequences and the other party seeking compensation for any losses incurred.

    Facts that might support this element look like:

    * The Defendant did not deliver the goods by the agreed-upon deadline, violating the contract’s delivery terms.
    * The Defendant failed to provide the required documentation, which was explicitly outlined in the contract.
    * The Defendant engaged in activities that were expressly prohibited by the contract, undermining its terms.
    * The Defendant did not make the scheduled payments as stipulated in the contract, constituting a breach.
    * The Defendant neglected to obtain the necessary permits, which the contract mandated for project completion.

  • Element 5. The plaintiff was harmed. The plaintiff was harmed means that the person who is suing suffered some kind of loss or damage because the other party didn’t follow the contract, whether it was financial, emotional, or related to their business.

    Facts that might support this element look like:

    * The plaintiff incurred financial losses due to the defendant’s failure to deliver goods as specified in the contract.
    * The plaintiff experienced a delay in project completion, resulting in lost business opportunities and revenue.
    * The plaintiff had to spend additional funds to secure alternative services after the defendant breached the contract.
    * The plaintiff suffered reputational damage in the industry due to the defendant’s non-performance.
    * The plaintiff was unable to fulfill obligations to third parties because of the defendant’s breach, leading to further financial penalties.

  • Element 6. Defendant’s breach of contract was a substantial factor in causing plaintiff harm. The defendant’s failure to fulfill their part of the agreement significantly contributed to the problems and losses the plaintiff experienced.

    Facts that might support this element look like:

    * Defendant failed to deliver the contracted goods on the agreed-upon date, resulting in lost sales for the plaintiff.
    * The plaintiff incurred additional costs to source replacement materials due to the defendant’s breach of contract.
    * The defendant’s failure to perform as promised directly led to a delay in the plaintiff’s project completion.
    * The plaintiff lost a significant client because the defendant did not fulfill their contractual obligations.
    * The breach by the defendant caused the plaintiff to miss a critical deadline, resulting in reputational damage.

(See 2018 CACI Archive 303. Oasis West Realty, LLC v. Goldman, 250 P. 3d 1115 – Cal: Supreme Court 2011.)
If you’re representing yourself in court and plan to assert a Claim of Breach of Contract, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

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