A contract is an agreement between two or more persons to create a legally binding relation. Breach of contract occurs when one party to the contract fails to act in accordance with the terms of the agreement (Chan, 2014). It can also occur if one party completely fails to perform his side of the obligation. When a breach occurs, one or both parties to a contract would wish that a contract is enforced against its items. If controversies arise out of contract and parties to it informally engage each other to solve the matter and fail to reach an agreement, the last option is to institute legal processes.
In order to present a case before the court, the first step is to establish the legitimacy of the contract. This is a contract made for legal reasons. If a contract made for unlawful reasons is not enforceable and it is invalid. The next step I would undertake is to ascertain the elements of a contract exist in the said agreement (Schmidt & Silkens,2015). I would find out the offer, whether it was enforceable and if the offer was accepted by all the parties.
In order to present a case before the court I would need to gather all the facts about the case. These will include a copy of the contract and any other relevant information that can help win the case. As an attorney for the plaintiff, I will argue the case to prove that there was a valid contract which the defendant failed to honor on his side. I will also petition that there was a contractual promise between my client and the defendant which the defendant failed to uphold.
In order to overcome the defenses against the breach, I would argue that there are sufficient grounds to prove that the defendant acted in contravention of the agreement; by not honoring it. I would also counter his defense by asserting that there was no goodwill from him to commit himself to the contract.
Chan, W. J. (2014). Contractual Privity and Inducing Breach of Contract. Oxford U. Undergraduate LJ, 24.
Schmidt-Kessel, M., & Silkens, E. (2015). Breach of Contract. In European Perspectives on the Common European Sales Law (pp. 111-135). Springer International Publishing.
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