A breach of a written contract occurs when one party fails to perform their obligations as expressly stated in a signed agreement. Because the terms are documented in writing, the contract serves as clear evidence of each party’s duties, expectations, and timelines.
To establish a breach of written contract, the claimant generally must show that (1) a valid written contract existed, (2) the claimant fulfilled their own contractual obligations or was legally excused from doing so, (3) the opposing party failed to perform as required, and (4) the breach caused measurable damages.
Breaches may involve nonpayment, failure to deliver goods or services, late performance, or refusal to perform altogether. Remedies for breach of a written contract can include monetary damages, specific performance, or contract termination, depending on the nature of the breach and applicable law.
