Breach of Contract

What Is A Breach of Contract?

As the term itself suggests, a breach of contract is a violation of an agreement. In order for a breach of contract to be actionable, the breach must have been material. A person or company who successfully sues another for breach of contract is entitled only to the damages he or she actually suffered as a result of the breach.

Does There Have To Be A Written Contract For There To Be a Breach?

That depends. For certain contracts, a written agreement is required, but a formal writing is not always necessary. For example, contracts that are written to govern marriage, the sale of land, estates, the sale of goods over $500.00, suretyships, and contracts which extend for a period of one year or longer are unenforceable unless is writing (this is called the “statute of frauds”). However, many oral contracts are enforceable provided there is sufficient evidence of their terms and assuming all other guiding principles of contract are present.

When Can You Sue Someone For Breaching A Contract?

You can sue someone for breaching a contract only once they have actually breached the contract (not before). After the breach, a lawsuit must be brought within the period prescribed by the governing statute of limitations. In Connecticut, the statute of limitations for contract actions is six (6) years for a written contract (Conn. Gen. Stat. § 52-576) and three (3) years for an oral contract (Conn. Gen. Stat. § 52-581). This means that if you intend to sue someone for breaching a contract, you cannot wait forever to do it. There’s a lot more to it than that, but if you have a breach of contract claim, you are better off discussing the specifics with your lawyer.

Got Breach of Contract Question?

Attorney Chris Mutchler may be able to help. Get in touch with The Law Office of Christopher J. Mutchler. If we can’t help you, we’re more than happy point you in the direction of someone who can!

Christopher J. Mutchler, Esq.

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Christopher J. Mutchler
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