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If you think you’ve been damaged by a breach of a contract you need to consider several issues. First, in order to make a claim for breach of contract, several elements must be pled to state a cause of action. You or your business entity must be able to show the existence of a contract (usually established by producing a written and signed document), a breach of the contract (usually established by the alleged failure of one party to perform under the contract conditions) and damages flowing from the breach (usually established by a loss of revenue or business directly related to the breaching party). Remember that you must bring a suit for breach of contract under a written instrument within 5 years and 4 years for an oral contract. Otherwise you will be forever barred from doing so by the applicable statute of limitations. You should also be aware that there are several defenses to a claim for breach of contract. These include but are not limited to breach by you before your opponent breached which gives your opponent the option to rescind the entire contract. This means that you must be able to prove performance on your part of the obligations imposed in the contract. Failure of consideration is another defense that usually occurs when there is no detriment to you that binds your opponent. Fraud in the inducement of the contract is another defense that can result in the voiding of the agreement. Breach of contract claims can be quite complex and fraught with legal pitfalls. Make sure that you or your business consults with an attorney who specializes in these types of disputes to avoid costly mistakes and to obtain the most prudent legal advice and direction.

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