Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. Unilateral contracts become enforceable once the promisor acts upon their promise. That is, if someone promises to do something or not do something in such a way that the other person is justified in relying upon that commitment. In other words, there is a valid contract where one party offers to do something, the other party accepts, both parties are on the same page as far as the terms of the contract, and they intend to be legally bound by the terms.Ī contract can even be unilateral. Mutual intent that the contract be legally binding.Communication by both parties of their acceptance and.A valid contract requires that all the following exist between the parties: This element may be the most important and hardest to prove. There are exceptions to that rule where the defendant fraudulently concealed the breach or if the plaintiff was not aware that the breach occurred. The court will typically dismiss any claims brought outside that window. You have four years from the date of the breach to bring your breach of contract claim. The complaining party must prove all the breach of contract elements to have a successful breach of contract claim. If you relied on someone to do something they contracted to do and that person failed to do so, you may have a breach of contract claim. You sustained damages caused by the defendant’s breach.The defendant failed to perform their part of the contract and.You performed your part of the contract.The basic breach of contract elements require you to prove: A breach of contract claim is the heart of almost all business litigation.