Before considering whether there has been a breach of contract (see blog titled “We had a deal!”), a party should first consider whether there was a valid contract to begin with.

Many people, including those who own or manage corporations, are usually quick to assert that there has been a breach of contract, but fail to realize, that for a breach to occur, a valid contract must have been established.

Contracts require several necessary elements be present, to be considered, and therefore enforceable.

The requirements of a contract:

1) An Offer;
2) Acceptance;
3) An intention to create legal relations with the other party;
4) Consideration; and
5) Capacity to enter into a legal relationship

In addition to fulfilling the above requirements, the contract must not contain terms that are void by statute, or illegal at common law.

Therefore, while you may feel that you have a valid claim as against a party for breach of contract, you must assess the validity of the contract.

Tangri Law Firm has the experience and knowledge, to pursue a claim, or defend against, litigation involving allegations of breach of contract. Contact us today, to discuss your case.

Author: Ram K. Tangri