What are the elements of a breach of contract claim?
In Mississippi, a breach of contract claim requires certain elements to be established. Breach of contract is a civil action and requires the plaintiff to provide proof that the defendant breached an existing agreement or contract. The main elements of a breach of contract claim are as follows: 1. A legally enforceable contract: The contract must be legally binding and valid. This means that both parties had a mutual agreement and they had the legal capacity to enter into the agreement. 2. Performance of the contract by one party: The plaintiff must show evidence that one party performed their part of the contract. 3. Violation by the other party: The violation of the contract must be proven by the plaintiff. This evidence would show that the defendant failed to fulfill their obligations as outlined in the contract. 4. Damages suffered by the plaintiff: The plaintiff must show evidence that they have suffered damages because of the defendant’s breach of contract. Once all of these elements are proven by the plaintiff, the court will determine if the defendant is liable for the breach and will award damages to the plaintiff for their losses.
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