Thursday, September 3, 2009

What proof to recover on breach-of-contract claim?


What proof is required to recover damages for the opposing party's breach of contract? 

Recovery under a breach of contract claim requires proof of four elements: (1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the defendant; and (4) damages sustained by the plaintiff as a result of the breach. Orix Capital Mkts., L.L.C. v. Washington Mutual Bank, 260 S.W.3d 620, 623 (Tex. App.-Dallas 2008, no pet.). 

SOURCE: DALLAS COURT OF APPEALS - 05-07-01492-CV (credit card debt suit)


Posted by at
Labels:

1 comment:

  1. AnonymousNovember 25, 2011 at 11:41 AM

    if Plaintiff (assignee)had no contract or credit card agreement attached to petition, can proof of a valid contract be supplied by a "deemed admission": that defendant entered into an agreement with P (without referencing any attached or specific document/agreement)?

    ReplyDelete

Subscribe to: Post Comments (Atom)