It is not uncommon for me to answer calls from judicial officials grappling with breach of contract cases where the official believes there has likely been a breach, but they are unsure which specific term has been breached. Breach of contract cases can be intimidating because they often involve large volumes of conflicting evidence. The judicial official must decide what evidence to exclude, what evidence to admit, and how much weight to give admitted evidence. In cases involving oral contracts, determining the parties’ agreement becomes even more difficult, putting a stronger emphasis on assessing the credibility of witness testimony. However, a lot of the angst over breach of contracts cases can be alleviated by developing a comprehensive, step-by-step approach to analyzing the evidence, in much the same way that judicial officials evaluate evidence to determine if a crime has been committed and that the person arrested committed it.
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Tag: breach of contract
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Separation and Property Settlement Agreements: When does breach by one party excuse performance by the other?
Father files a complaint alleging mother breached terms of an agreement by not paying alimony and child support. Mother admits she has not paid but argues that she should not have to pay because dad consistently has failed to comply with the custody provisions of the agreement by refusing to allow her to see the children and has repeatedly violated a provision in the agreement that he would not harass her.
Can father enforce the contract against mother if mother proves he also breached the contract? Does his breach excuse mother’s performance? Continue Reading