FAQ: Breach of Contract Law in Texas
FAQ: Breach of Contract Law in Texas
When parties enter into a contract, all parties are expected to fulfill the terms of the agreement. When one party violates these terms, they have breached the contract.
Failing to perform a contract’s terms can be minor or major. Some violations can be easily corrected. Others may be difficult or impossible to fix. In some cases, the injured party may wish to file a breach of contract lawsuit.
What is a Valid Contract?
For a contract to be valid, it must include:
- An offer
- Acceptance
- A meeting of the minds
- All parties consent to the terms of the contract
- Execution and delivery of the contract, which includes the intent that it become mutual and binding
In general, a contract must be valid in order to file a lawsuit for a breach.
What Elements Are Required in a Breach of Contract Claim?
In Texas, a breach of contract claim must include all of the following:
- A valid contract
- The plaintiff performed or fulfilled their obligations under the contract
- The defendant didn’t perform or fulfill their obligations under the contract, e.g., they breached the contract
- The defendant’s failure to perform damaged the plaintiff
All four elements must be present. For example, a defendant may have breached a valid contract, but if that breach didn’t hurt the plaintiff, the plaintiff is unlikely to succeed in a lawsuit.
What is the Statute of Limitations for Breach of Contract Claims?
In Texas, individuals have four years to file a breach of contract lawsuit. When possible, plaintiffs should file suit soon after they realize there’s been a breach. Waiting years may make it more difficult to find evidence, and witness testimony may be more difficult to obtain.
What are the Available Remedies for a Breach of Contract?
If a plaintiff proves the defendant breached their contract, the plaintiff may recover reasonable attorney’s fees. They may also receive damages, and the amount of damages varies depending on the circumstances of the case and the plaintiff’s specific losses and injuries.
Hire a Skilled Contract Lawyer Who Knows Texas
If you’ve had someone breach a contract, a skilled Texas attorney can help. The attorneys at Manfred Law help Texans navigate issues with contracts and protect their rights and their property. Call us at 713-547-5460 or contact us online to schedule your consultation.
