What are the elements of a breach of contract claim?

In Michigan, a breach of contract claim asserts that one party to a contract has not fulfilled its obligations and has thus violated the terms of the contract. In order to prove a breach of contract, a plaintiff must demonstrate four elements: offer, acceptance, consideration, and breach. Offer means that there must be an agreement between parties in which both sides willingly enter into the contract. The offer must be clear and unmistakable and understood by both parties. Acceptance is the second element that must be present. When one party agrees to the offer, then it is deemed that the contract has been accepted by both sides. Consideration is the third element of a breach of contract claim. This element states that something of value must be exchanged in order for the contract to be legally binding. This could be a monetary exchange, a service, or a good. Finally, breach is the fourth element. This means that one party did not fulfill the terms of the contract. This could be a failure to pay a fee, provide a service, or deliver goods as promised in the contract. If a plaintiff is able to prove all four of these elements, then they will have a successful breach of contract claim. It is important to note that the process can be complicated and it is advised to seek legal counsel when filing a breach of contract claim.

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What are the elements of a breach of contract claim?

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