Breach of Contract Law
Anyone who has experience running a business knows that entering into an employment or business contract is an extremely important part of the business — but what happens when one of the parties you enter into a contract with decides not to hold up their end of the agreement? These situations are typically referred to as a breach of contract, and as a business owner, you may be entitled to pursue and recover damages when the other party doesn't fulfill their end of the agreement.
In order for you to successfully prove your breach of contract claim, there are a few things that you will have to show in order to validate the contract and prove that the other party did not hold up their end of the bargain. In the state of Texas, the court will typically require that all valid contracts contain the following:
- An official offer
- An acceptance in strict compliance with the terms of that offer
- A meeting of the minds
- Some type of communication that shows that each party has agreed to the terms of the agreement
- The execution and delivery of the contract with the intent that it become mutual and binding for both parties.
In essence, these tenets show that two parties have come together, established terms for an agreement, agreed on said terms, and planned to follow through to meet those terms. Once you are able to prove that this valid contract exists between you and another party, you can move into the phase of proving that there was a breach of contract. It's also important to note that in the state of Texas, there is a statute of limitations on the amount of time you have to file a breach of contract claim. The Texas Civil Practice and Remedies Code states that individuals must file their breach of contract claim within four years from the date the breach occurred. Otherwise, you will forfeit your right to file a claim.
Ultimately, this is why it's important that you start the process of pursuing legal recourse as early as possible. If you or someone you know is in need of an experienced business law attorney to help with your legal battle, call the Law Office of Kimberly A. Bishop today and find out how I can help you find a resolution to your situation.