Breach of Contract – Texas

Many small business disputes are a form of a claim for breach of contract.

Whether it’s a vendor that didn’t complete the job correctly, a customer that didn’t pay, a business partner that is taking money they’re not entitled to, or not meeting their obligations, these are all basically breaches of an oral or written contract, and you may need to talk to a Texas contract litigation attorney immediately.

Elements of Breach of Contract

  1. Is there a valid contract?
  2. Was there a material breach?
  3. Did the claimant suffer damages as a result of the breach?

Valid Contract in Texas

The first question in evaluating a contract claim is to determine whether there is a contract.  In other words, have all the parties agreed to the same terms?

If not, there may be some other claim that can be brought, but the other party’s failure to comply won’t be a breach of contract.  Sometimes a party will claim that their representative had no authority to enter into the agreement, in order to avoid the claim.  However, as long as the representative had apparent authority, the contract will still be valid.

Material Breach of Contract – Definition

Types of Breach of ContractIn order to form the basis for a suit, the breach must be material – that is, it must be an important term that is not being fulfilled.

There are always small details in any transaction, but not all of them matter very much.

If you’re buying a car, for example, you expect it to be clean when they deliver it – but that’s probably not a material term of the contract.

Intentional Breach of Contract in Texas

It doesn’t matter whether the breach is intentional or not – a negligent act that breaches the contract is still a breach of contract.

This is important, because some kinds of damages – such as mental anguish – are not available in a breach of contract case.

Damages for Breach of Contract

Finally, the claimant must have suffered damages as a result of the breach.  That means that a breach that doesn’t cause any damages is not actionable.

Houston Civil Litigation Attorney - Walter Law Firm, PC

Can You Recover Attorneys’ Fees for Breach of Contract?

In most cases, attorneys’ fees will be recoverable in a breach of contract claim, but there can be exceptions, depending on the type of contract and the terms of the contract.

However, even when fees are not recoverable, it may be possible to bring other kinds of claims at the same time so that fees can be recovered.

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See also…Houston Business Litigation Lawyers