CLAIMING DAMAGES FOR A BREACH OF CONTRACT: WHAT DO YOU NEED TO PROVE?

If you find yourself in a situation where you need to claim damages for a breach of contract, it’s important to establish the following key points:

The other party has breached the contract: In the event that the other party fails to fulfill their contractual obligations, such as supplying faulty goods, delivering late, or not delivering at all, it constitutes a breach of contract.

You have suffered damages and can quantify them: It’s crucial to demonstrate the exact extent of the losses you have incurred. For instance, if a supplier fails to provide a new oven as agreed upon, resulting in the inability to open your business on a specific day, you can show the financial impact by presenting the loss of income incurred.

The damages you suffered are reasonably foreseeable: You must establish that the type of loss you experienced is a common and foreseeable result of the breach. It means demonstrating that both parties could reasonably anticipate this kind of damage when the contract was initially signed. If the damages you’re seeking are not a typical consequence of the breach, you will need to prove that there was a specific agreement compensating for such damages.

By substantiating these elements, you can strengthen your claim for damages resulting from a breach of contract. It’s advisable to consult with a legal professional who can provide personalized guidance based on your specific circumstances.