Tuesday, October 27, 2009
Elements of Breach of Contract (breach of credit card agreement in debt collection suit)
BREACH OF CONTRACT ELEMENTS (UNPAID DEBT ON CREDIT CARD)
The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) performance or tender of performance; (3) breach by the defendant; and (4) damages resulting from the breach. Hussong v. Schwan's Sales Enters., Inc., 896 S.W.2d 320, 326 (Tex. App.-Houston [1st Dist.] 1995, no writ).
REASONABLE ATTORNEY'S FEES IN ADDITION TO PROVEN AMOUNT OF DEBT Reasonable attorney's fees may be recovered, in addition to the amount of a valid claim and costs, if the claim is for a written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2008). See id. § 38.002 (providing for recovery procedure).
SOURCE: DALLAS COURT OF APPEALS - No. 05-07-01730-CV (Tex.App.- Dallas Oct. 26, 2009)