Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

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Monday, February 1, 2010

Breach of Contract Elements (Houston Court of Appeals Cites)

BREACH OF CONTRACT: ELEMENTS OF CAUSE OF ACTION IN TEXAS The essential elements in a suit for breach of contract are: (1) the existence of a valid contract; (2) the plaintiff performed or tendered performance; (3) the defendant breached the contract; and (4) the plaintiff was damaged as a result of the breach. Bank of Tex. v. VR Elec., Inc., 276 S.W.3d 671, 677 (Tex. App.—Houston [1st Dist.] 2008, pet. denied); Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex. App.—Houston [1st Dist.] 2002, pet. denied). “ DEFINITION OF BREACH OF CONTRACT, CONTRACTUAL OBLIGATION A breach of contract occurs when a party fails to perform an act that it has expressly or impliedly promised to perform.” Case Corp. v. Hi-Class Bus. Sys. of Am., Inc., 184 S.W.3d 760, 769–70 (Tex. App.—Dallas 2005, pet. denied). SOURCE: Underwood Graves vs. Logan , No. 01-08-00359-CV (Tex.App.- Houston [1st Dist.] Jan. 28 2010) (real estate transactions, creditor's failure to promptly provide pay-off amount for real estate loan not actionable; no contractual obligation to do so shown; no implied contractual duty)

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