McAllen Contract Disputes Attorney

Under Texas law, a breach of contract occurs when the following 4 elements are present:

• There exists a valid contract (below).
• The plaintiff performed or tendered the duties of the contract.
• The defendant did not perform their side of the agreement in the contract.
• The plaintiff incurred damage due to the defendant’s breach.

In short, to bring forward a contract dispute claim you must show that you complied with the contract while the defendant did not comply with their agreed-upon conduct, and as a result you experienced damages.

Note that there are several types of contract breaches, depending on the situation:

• Material misrepresentation of fact – a person was convinced to sign a contract based on misleading or false information. This voids the contract.
• Duress – the contract was signed under duress (e.g., blackmail, threat) or where significant pressure or force was applied to obtain a signature.
• Impossibility of performance – a person was unable to fulfill the contract based on uncontrollable circumstances, such as death of a necessary service provider, loss or destruction of relevant property, or passage of a law by which the contract terms are no longer applicable.

Elements of a Valid Contract

As mentioned above, one of the key elements of proving a breach of contract claim is showing that there is a valid contract between you and the defendant. According to Texas contract law, a valid contract contains the following:

• an offer;
• an acceptance of the terms of the offer;
• a “meeting of the minds”;
• communication that each party has consented to the terms of the contract;
• execution and delivery of the contract with intent that it is mutual and binding on both parties.