How Do I Qualify As A Breach Of Contract?

When you sign a contract, you accept all the terms and conditions mentioned in the agreement, including the breach of contract element. When you accuse the other party of breaching the contract or being accused of doing so, certain elements need to be shown to the court to qualify the accused as a breach of contract.

This article aims to inform you about the elements that need to be present for you to qualify as a breach of contract.

Four Breach of Contract Elements

When you are claiming or being claimed against in a case of breach of contract in court, you need to ensure that the contract breach has these four elements included. The four elements are discussed below.

Proof of the existence and validity of the contract

Firstly, the plaintiff has to prove that there is a contract and it is valid. When an agreement is followed and obliged to offer and acceptance, intention to form a legal relationship, and lawful consideration, the contract can be presented as proof of a court contract. The agreement has to be a signed piece of paper to show to the court.

The three components of a contract mentioned must be present in an agreement. If not, the contract will not be considered valid, and no party can be held accountable for its breach. In addition to that, the contract also has to abide by the rules of the state it was formed in.

Proof of performance or non-performance from the plaintiff’s side

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A contract usually includes all the essential responsibilities that all the parties need to take under the contract. Therefore, when a plaintiff claims a contract breach, it is necessary to prove that the plaintiff has completed all the contractual obligations and did not receive the performance agreed by the other party. This can prove the validity of the plaintiff’s claim.

Moreover, if any responsibility is left out intentionally, a defend argument needs to be provided.

Proof of non-performance from the accused party

Once the plaintiff provides all the necessary arguments and evidence to defend their actions, they should provide evidence to prove the lack of performance from the accused party.

For example, if the accusing party has done their part of the contract but did not get what they were guaranteed in return, they will have to prove that the other party failed to follow the agreement.

This is an essential part of the breach of contract. Non-performance is one of the most common elements in almost every case of contract breach.

One party may fail to oblige by the agreement or tried to oblige but could not entirely meet the contract’s requirements despite the other party’s full support. Therefore, the plaintiff should be able to provide evidence of what and how the defendant was unable to perform.

Proof of cost from non-performance

Last but not least is the cost the plaintiff had to bear and the hassle they had gone through because of the non-performance of the other accused party. It is another crucial element of a contract.

When a party cannot fulfill specific responsibilities and tasks of the agreement, it is evident that the other party faces significant damages. Therefore, the contract should include the guarantees of tasks to be completed by both parties. Not fulfilling the responsibilities and causing hassles to one party is certainly a breach of contract.


To sum it all up, a contract should be prepared with every responsibility and compensation’s specific and detailed presence. A valid and descriptive contract is the most helpful piece of evidence in cases of breach of contract.

Therefore, in order to understand if you qualify as a breach of contract or not, you need to go through the agreement, check for its validity, see if both parties met the ends as promised or not. If any of these criteria are not met, you qualify as a breach of a contract.

Hopefully, this article has informed you about the elements that need to be present for you to qualify as a breach of contract and helped you with your situation, and prepared you well. Thus, the article- ‘how do I qualify as a breach of contract’ ends here.

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