Breach of Contract

The elements of an action for breach of contract are: (1) there is a valid, enforceable contract*, (2) the plaintiff is a proper party to sue for breach of the contract, (3) the plaintiff performed, tendered performance of, or was excused from performing its contractual obligations, (4) the defendant breached the contract, and (5) the defendant’s breach caused the plaintiff injury. Davis v. Texas Farm Bur. Ins., 470 S.W.3d 97, 104 (Tex. App.—Houston [1st Dist.] 2015, no pet.); Zuniga v. Wooster Ladder Co., 119 S.W.3d 856, 862 (Tex. App.—Corpus Christi 2006, pet. denied).   

*A binding contract is formed when there is: (1) an offer, (2) an acceptance in strict compliance with the terms of the offer, (3) a meeting of the minds, (4) consent by each party to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. Winchek v. Am. Express Travel Related Servs. Co., Inc., 232 S.W.3d 197, 202 (Tex. App.—Houston [1st Dist.] 2007, no pet.).


If you believe you have a claim for breach of contract, or you have been wrongly sued for breach of contract, please contact Mr. Browning for a free phone consultation.