If you’re defending against a breach of contract lawsuit, there are a number of legal strategies you could adopt. But sometimes a good defense is pointing out the weaknesses in the plaintiff’s case. Understanding your legal rights in a breach of contract civil suit means knowing the standards that apply. Working with an experienced New York business litigation defense attorney, you can protect your rights in court. Rosenbaum & Taylor is ready to help.
Requirements for a Breach of Contract
There are four general requirements that a plaintiff must prove against a defendant in a breach of contract case:
- The existence of an agreement that can be legally enforced
- That the plaintiff performed their duties under the contract
- That the defendant breached the agreement
- The plaintiff suffered damages as a result of the breach
Failure to satisfy any of these four elements will destroy a breach of contract case. Ask a knowledgeable New York business litigation for more information about them.
When a party is sued over a contract, it’s natural for both sides to focus on the alleged breach itself. In fact, it’s common to do this at the expense of seriously examining the other required factors. A sometimes overlooked element is whether a legally enforceable agreement even exists. But even though defendants sometimes brush over this requirement, it’s critical that it be met. Indeed, if there’s no enforceable agreement, the other elements essentially don’t matter.
New York business litigation defense attorneys are used to seeing a variety of contracts. The most common example is the written contract, but oral ones exist as well. Some agreements have to be reduced to writing to be enforceable under what’s called the Statute of Frauds. The Statute of Frauds requires certain contractual elements to be written, like anything dealing with an interest in real estate.
However, even though the plaintiff may have satisfied the Statute of Frauds, that’s not the end of the analysis. The plaintiff cannot simply assert that the contract was breached. Rather, the plaintiff must identify the specific parts of the contract that were allegedly violated. If the plaintiff can’t actually prove what the defendant breached, there’s no legal action to pursue.
It is common for plaintiffs to simply claim that the defendant violated a contract, without further specification. But general allegations that a contract has been breached are not enough. When examining an alleged breach of contract, the defendant must pay close attention to this detail. That’s where having a skilled New York breach of contract litigation defense attorney is important.
At Rosenbaum & Taylor, we take seriously our mission to defend our clients in contract dispute cases. When we take a case, we go to work immediately to identify each claim made by the plaintiff. And we scrutinize the claims to ensure they are legally sufficient to justify the lawsuit. If a required element is missing, or is not properly pleaded, we may move to dismiss the claim. In any event, we examine the complaint seriously and zealously protect our clients’ interests.
If You are Facing a Breach on Contract Case, Count on Rosenbaum & Taylor, P.C.
Our firm is dedicated to defending contract disputes in court, or to resolve them out of court if possible. There are a number of approaches and strategies that may be employed to protect you from breach of contract allegations. Depending on the facts in your case, it may be possible to show that a contract cannot be enforced. Another option is to show that the plaintiff has not properly identified the breached terms. Regardless of what sort of contract litigation you are facing, turn to Rosenbaum & Taylor. We can review your case, explain your options, and get started defending you. Reach out to us today for a consultation.