New Braunfels, Texas Breach of Contract Lawyer
Breach of Contract Lawyer in Comal, Guadalupe, and Hays Counties
Contracts may be the most fundamental building blocks in business, whether they are for the sale, lease or purchase of tangible property or concern intangible services. Simply put, any breakdown causes delay, and delays cost money. At one time or another, nearly all businesses must also defend themselves against a breach of contract claim. The same principles apply: your business needs the most cost-effective solution that is possible under the circumstances.
The experienced attorneys at The Bettersworth Law Firm quickly evaluate the facts, apply the law, and offer solid advice. Because we routinely handle these matters, we not only offer a number of strategic options but also give you a rough idea of the amount of time and effort involved. We then work to resolve the dispute as expeditiously as possible, while upholding your immediate and long-term interests.
Elements of a Claim
To win a breach of contract action, the plaintiff must prove each element by a preponderance of the evidence, or more likely than not:
- Valid contract,
- Actual breach, and
A contract can be either written or oral, but normally not both. There must be a meeting of the minds, which means that there must be an offer and acceptance that is understood by both parties in the same manner at the same time. The parties must also intend that the agreement be mutual and binding.
Performance must normally be exactly as stated in the contract, or if the language is ambiguous, according to the plaintiff's reasonable interpretation of the contract terms. There must also be an actual breach, as opposed to an expectation of a future breach. Damages are both direct and indirect, because in addition to the lost money as a result of the breach, the business must often secure performance from another source. In some cases, these awards can be enforced through a mechanic's lien.
There are literally dozens of common law and statutory defenses to a breach of contract claim. Some of the more common ones include:
- Statute of Frauds: Certain contracts, such as those that pertain to real estate or cannot be performed within a year, must be completely in writing to be enforced.
- Fraudulent Inducement: Manifestly false statements or patently false promises cannot serve as the basis for a contract.
- Indefinite: The oral or written contract must include all critical terms, such as time of delivery, manner of payment, and quantity.
- Statute of Limitations: Any breach of contract action must normally be brought within four years of the alleged breach, although there are some exceptions.
- Waiver: If a party does not fulfill all its commercial obligations, it may be barred from bringing a breach of contract action.
Other defenses include repudiation, accord and satisfaction, novation, and mistake.
To enforce an existing contract, or find a legal loophole, contact The Bettersworth Law Firm at 830-606-0404. We assist clients in New Braunfels, Seguin, San Marcos, and thoughout South Central Texas.