Elements for Breach of Contract

Breach of Contract in Texas

Before we can talk about BREACH of contract, we need to list the four elements of a Contract in Texas. Then we will look at the 4 elements of breach of contract.

4 Elements of a Contract

The 4 elements of a contract are:

  1. mutual assent
  2. offer
  3. acceptance
  4. consideration

In plain English, both parties mutually assent to an agreement expressed by a valid offer on one side and acceptance by the other party, at which time adequate consideration is given for the agreement. Of course for the agreement to be a valid contract, it must also be “legal.”

Picture showing the elements for breach of contract in Texas.For example, there will be no “valid” legal contract to rob a bank, that would  hold up in court.

If you’re a business owner in Texas, it’s important to know the elements of a breach of contract claim. Breach of contract is a legal claim alleging that one party failed to perform its obligations under an agreement with another party.

4 Elements of Breach of Contract

To succeed on a breach of contract claim, the plaintiff must prove:

  1. the existence of a valid and enforceable contract;
  2. performance or tendered performance by the plaintiff;
  3. breach of some term or terms of the contract by the defendant; and
  4. resulting damages.

If you think you may have a breach of contract case on your hands, contact an experienced Texas lawyer to discuss your options.

Texas Breach of Contract Statute of Limitations

As a business owner in Texas, it is critical to understand the statute of limitations for breach of contract so that you can protect your interests if and when a business contract dispute arises.

Generally speaking, the statute of limitations for breach of contract claims in Texas is four years. The clock tolls on the date of breach. So you have four years to file your lawsuit from the date of the breach.

However, there are certain exceptions to this 4 year statute of limitations that you will need to consult with your attorney about because we will not discuss those exceptions in this article.

The law surrounding contracts often has significant bound implications for large transactions as well as small ones, and knowing how long you have to take legal action allows you to plan accordingly. In this blog post, we’ll cover the basics of breach of contract under Texas law, including key factors related to the applicable statute of limitations.

Breach of Contract Claims

When Can You Be Held Liable for Breach of Contract

You can be held liable for breaching the contract if they fail to perform their obligations under the agreement.

In contract law, breaches of contract can create serious harm to one of more of the contracting parties. As a Texas attorney, it is important to understand that when an individual fails to uphold their duties as outlined in an agreement, they can be held accountable both civilly and criminally.

Clearly written contracts are the key to clarifying the expectations and understanding of each party’s obligations before entering into an agreement; however, if such agreements are broken, these violations can result in expensive litigation for both parties involved. If you have been a victim of breached contractual obligations, consulting with an experienced legal professional may be necessary in order to pursue legal recourse.

When Does Breach Occur?

A breach of contract can occur when one party fails to meet their deadlines, doesn’t deliver on promised goods or services, or doesn’t pay the agreed-upon price.

A breach of contract can be one of the most frustrating and costly events for businesses. Not only should businesses prepare for a breach of contract by adhering to deadlines, providing quality services and goods, and meeting price obligations, but you should be ready with a plan in case it does occur.

As your Texas lawyer, I’ll work with you to create a strategy to help protect your best interests in the wake of any potential breach – from litigation to damage control. With clear contract language before anything is signed and steps taken ahead of time, we can minimize damages should a breach occur. Let’s get started today!

Damages Awarded for Breach of Contract

The damages that can be awarded for a breach of contract depend on the type of breach and whether it was intentional or not.

In the state of Texas, the damages granted for a breach of contract are largely based on whether the breach was intentional or not. As a lawyer, I can attest that if an individual or entity breached a contract in good faith and their actions caused economic damage to another, then general compensatory damages may be awarded.

On the other hand, if a court finds that one willfully violated their contractual obligations, this could result in far greater punitive damages. Moreover, these damages can be significant – successful plaintiffs have been awarded six-figure sums, depending on the case specifics. Nevertheless, be sure to consult with an experienced legal professional before moving forward with any lawsuit.

File a Lawsuit for Breach of Contract

If you have been breached, you may be able to recover your losses by filing a lawsuit against the breaching party.

Whether you’ve been the victim of a cyberattack or experienced a breach of your personal data, legal recourse may be available to you. When deciding upon filing a lawsuit against those responsible, it’s important to remember that it doesn’t necessarily have to be adversarial – and can even include both parties working out a satisfactory resolution for all.

In some cases, the breaching party may be willing to provide restitution according to an agreeable arrangement with you. This can save valuable time and resources, especially when compared to litigation in court. Reach out and speak with an experienced Texas lawyer about approved steps for pursuing this kind of civil action if you feel that your e-security has been compromised or your confidential information has been misused.

Breach of Contract Lawyer

An experienced Texas lawyer can help you determine whether you have a case and what kind of damages you may be entitled to receive.

If you’re considering taking legal action in Texas, look no further than an experienced Texas lawyer. With years of navigating state law and court systems, they can help determine your case eligibility and what type and amount of damages you may be due — which can go a long way in securing justice for yourself or a loved one in the Lone Star State.

Don’t wait any longer; hire an experienced Texas lawyer to help you build a winning case!

If you have been breached, you may be able to recover your losses by filing a lawsuit against the breaching party. An experienced Texas lawyer can help you determine whether you have a case and what kind of damages you may be entitled to receive.

Breach of Contract Law FAQ

What are the 4 elements of breach of contract?

The 4 elements of breach of contract are that there was a valid contract, performance by the plaintiff, breach by the defendant, and that the plaintiff suffered damages as a result of the breach.

What is the discovery rule for breach of contract?

The statute of limitations does not toll until the plaintiff discovers the breach or injury resulting from the breach.

What voids a contract in Texas?

There are many things that can void a Texas contract. Some of those are listed in this article. Read the full article for more info.


  1. Texas Administrative Code Rule 392.303 – Definitions: Contract–A promise, or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. It is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. The term also encompasses the written document that describes the terms of the agreement. For state contracting purposes, it generally describes the terms of a purchase of goods or services from a vendor or service contractor; however, the term also encompasses grant arrangements.
  2. See also…Business Mediation Services.
  3. Civil Practice and Remedies Code Sec. 16.004(a) Four Year Limitations Period

    Sec. 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:

    (1) specific performance of a contract for the conveyance of real property;

    (2) penalty or damages on the penal clause of a bond to convey real property;

    (3) debt;

    (4) fraud; or

    (5) breach of fiduciary duty.

  4. See also…Executory Contracts Definition.