What are the elements of a breach of contract claim?

A breach of contract claim in Nebraska has specific elements that must be established in order to be successful. First, there must be a valid contract between two or more parties. This means that the contract must be an offer and acceptance of the same terms, with the intention to be legally bound by those terms. Second, the contract must be breached, meaning one of the parties must have failed to fulfill their obligations under the contract. The breach may be either material or immaterial, meaning it must have a major impact on the contract or a minor impact respectively. Third, the breach must have caused actual damages to the other party. This means that the non-breaching party must have suffered some type of financial or economic loss due to the breach. Fourth, the non-breaching party must have made an effort to mitigate their damages. This means they must have taken reasonable steps after the breach to minimize their losses. Finally, the non-breaching party must bring their claim in a timely manner. This means that the claim must be made within a certain period of time prescribed by law, or it will be barred. These elements must be present in order for a breach of contract claim to be successful in Nebraska. Failing to meet any of these elements may lead to the claim being rejected, or the damages awarded being reduced.

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