Texas Contract Law
What Makes A Contract Legally Binding In Texas
Texas Statute Of Limitations Breach Of Contract
You can always refer to Texas contract laws if your employee, business partner, or another business fails to abide by an employment contract or a business contract. But you have to provide proof of the breach before you can be eligible to recover damages. An experienced Texas contract lawyer can help you file a lawsuit against the breaching party and explain to you how legally binding contracts work and give much more information on Texas contract law.
Legally Binding Contracts
Texas Contracts Law
Any business person interested in drafting a contract with another party needs to ensure that the contract is enforceable if the other party fails to abide by it. The following are requirements for a contract to be legally binding:
- An offer: There must be a specific offer that is understandable and valid
- Acceptance: The parties involved must accept the offer. Parties can accept an offer in writing, orally, or by way of conduct.
- Legal purpose: The agreement in the contract must not break any law because any contract that has an illegal purpose is automatically invalid.
- Meeting of the minds: The parties must understand and assent to the agreement regarding the subject matter and the essential terms of the contract.
- Capable of making a contract: The parties involved must not be minors and must be mentally capable of entering into an agreement. For example, if the parties make the contract while drunk, the contract becomes void
- Consideration: There must be a benefit that each party will derive from entering into a contractual agreement. This also includes conditions for severability of the contract.
- Execution and delivery: The contract must be signed to establish a contractual relationship between the two or more parties involved. Each party must then fulfill its obligations as spelled out in the contract.
Evidence For Contract Breach
Breach Of Contract Texas
You have to provide proof in order to file a lawsuit against the party that breached the contract. You have to prove that:
- A valid contract exists and that the contract fulfills all the legal requirements
- You as the plaintiff completed all your contractual obligations
- The defendant did not fulfill the terms of the contract
- You as the plaintiff suffered monetary damages directly because of the defendant failing to fulfill the terms of the contract.
You can only have hope of winning such a case if there was a material breach. A material breach means that the plaintiff did not get the benefits that were promised to them in the contract. Any damages that are not a result of the breach of contract cannot be used in the breach of contract lawsuit.
An experienced Texas business lawyer can explain away any confusion about what qualifies as damages in breach of contract cases. Your lawyer will counter any attempts by the defense to poke holes in your evidence.
Breach Of Contract Damages
Texas Statute Of Limitations Contract
The terms of the contract can determine the kind of damages available for the plaintiff in a breach of contract case. But if there are no penalties for breach of contract in the agreement, a court can consider:
- Compensation for Lawyer’s fees
- Compensation for time wasted
- Compensation for future profits that are denied to the plaintiff because of the breach