A contract is nothing more than a mutual exchange of enforceable promises. Sounds simple enough. Two parties, each promising to do something. So naturally, contract disputes are simple matters, right? Wrong.
In actuality, contract disputes can be extremely complicated. They often involve both legal and factual issues, the determination of which will control the outcome of the case. Among the issues that have to be confronted in breach of contract cases are:
1. Is there a contract at all?
2. Is the contract enforceable?
3. What are the contract’s terms?
4. Have the terms been modified or excused?5. Has there been a breach?
6. Was the breach material?
7. Has the breach caused damages?
8. Has the non-breaching party mitigated the damages?
Each of these questions, and many more, have to be thoroughly evaluated in a breach of contract litigation. Sometimes the issues are straightforward. But when the answers to these questions are subject to interpretation or dispute, we have a complex litigation on our hands.