Victim of a Breach of Contract

Victim of a Breach of Contract

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Victim of a Breach of Contract

Breach of contract cases sometimes might be enormous, but they are also something many individuals and small businesses are likely to face at some point down the line simply because contracts are very popular in today’s world. Whether you are running a business, taking a new job or just swiping a credit card in exchange for a bag of groceries, contracts are inevitable part of life. The paper discusses how I will present the case to the court as a representative to the victim of a breach of contract.

As a representative of a victim of breach, it will be necessary to dig into details so as to determine if there was a contract. The first thing would be to check for valid content such as knowing whether the contract is of substantial value, determining whether the subject matter of the contract is lawful. It can only be a contract if it is only for lawful purposes. Identify an offer, acceptance and considerations because every contract must contain these basics.

To show that my client was a victim of a breach of contract, the first thing would to provide a burden proof. Also it would be necessary to show the validity of the contract by presenting the formalities which were involved and how each of the formalities were violated to cause the breach. I would also present all the agreements which were made and violated. All this evidences will be good to show that really my client is a victim of a breach of contract.

Lastly, I would overcome the defenses to the alleged breach by presenting all the legal documents that shows the agreement and obligations of the contract. This will be the best weapon to overcome the defenses such as a mistake being done, contract was indefinite, lack of capacity to contract and many others. Having all the legal documents will overcome all this because there is always a signature that covers up that the parties have agreed to terms and conditions of the contract.

References

American Bar Association, S. o. (1995). Special Defenses in International Antitrust Litigation. American Bar Association.

Treitel, G. H. (1988). Remedies for breach of contract: a comparative account. Oxford University Press, Incorporated.