What Are 4 Types of Breach of Contract in Oklahoma?
In order to have a breach of contract in Oklahoma City, you must first have a valid contract. Before we get into how a breach occurs, let’s first go over what a contract actually is in legal terms and the elements that constitute a contract. Without all five elements of a contract, the contract, whether signed or not, does not exist.
The Five Parts of a Contract
- An Offer – Typically between an employer and a potential employee.
- An Acceptance – the subject of the offer must accept the offer. Generally, an employee agrees to the offer by the employer.
- A Consensus – Both parties meet and decide on the finer points of the contract. This can include wages or payments, vacation, the structure of bonuses, tasks and goals, etc.
- The Agreement – occurs when both parties agree to the outcome of the consensus. The employer is agreeing to pay, vacation policy, etc, and the employee is agreeing that that pay, vacation, and other items are acceptable.
- The Binding – Both parties must agree to the entire contract, including all the little phrases and legal jargon that it contains. The binding makes the contract mutual and notes that both parties accept the positive and negative of the entire document.
To that end, a breach of contract occurs when one or more members outlined in the contract do not adhere to the binding agreement. The above example deals with employment, but contracts exist in many different areas of life. There are four ways that breach of contract occurs.
The Four Aspects of Breach of Contract
1. Is there a Contract?
To have a breach of contract a contract must exist. Without a contract, a breach cannot exist.
2. Conditions Not Met/Employee Performance
In business contracts, did the plaintiff or vendor perform and meet the conditions of the contract? In the case of employment, did the employee’s performance not meet the expectations outlined in the contract?
3. Defendant or Employer Failures
In non employer-employee situations – the defendant – the payer – Did the defendant not provide payment according to the contract? Payment can be more than just money. In employer cases, this could include perks of the job, such as premium benefits, vacation time, etc.
Were damages incurred by either party and if so, what is the scope of the damages.
These four elements of a breach of contract define which party initiated the breach of contract, the manner of the breach, the scope of the breach, and the damages the breach caused. They become the backbone of determining financial claims and awards.
What You Can Do about Breach of Contract
People who feel they have become a victim of a breach of contract seek out breach of contract attorneys. The attorneys will review the elements of the contract and verify that there is a contract and then weigh the merits of the contract against the claim of breach of contract.
The attorneys at Brown & Gould have successfully handled many breach of contract cases. If you feel you may be the victim of a breach of contract in Oklahoma City, contact us today!. We’ll put our years of experience in breach of contract law to work for you.