If a person violates an agreement or contract (and not an actual Court Order), then that violation is treated as a breach of contract. This is commonly seen in family law where a party violates a Separation Agreement before that Separation Agreement in incorporated into a Judgment of Absolute Divorce [see discussion of Separation Agreements]. If you run into difficulties with a contract that you have entered into with someone else, the attorneys at Abramson and Rand, LLC can help you.
What must be proved in an action for Breach of Contract?
- To maintain an action for breach of contract, a person must prove (1) the existence of a contractual obligation owed by one party to another and (2) a material breach of that obligation.
- Your proof may be presented before a judge or a Jury.
If I win an action for Breach of Contract, what am I entitled to?
Generally, in breach of contract actions, damages awarded to the non-breaching party are designed to put that party in the same position that he or she would have been had the contract been performed. Other damages, including expenses incurred as the result of the breach of contract, also may be recoverable.