Understanding The 8 Elements Of Breach Of Contract In NJ
May 19, 2025

When two parties enter a contract, there’s an expectation that both will fulfill their obligations. However, when one party fails to do so, a breach of contract may occur. Understanding the key breach of contract elements is important for anyone involved in a contract dispute in New Jersey. This article explores the key factors that make up a breach of contract and how they come together to form a valid claim.
What is a Breach of Contract?
A breach of contract happens when one party fails to meet the terms outlined in the agreement. It could be due to non-performance, delay in performance, or failure to meet the agreed-upon quality standards. To win a breach of contract lawsuit in New Jersey, you must demonstrate certain elements that make up the claim.
Breach of Contract Elements: The Basics
There are eight primary elements to a breach of contract case. These include the existence of a valid contract, performance by the plaintiff, breach by the defendant, damages, and more. Let’s take a closer look at these elements in detail.
- Existence of a Valid Contract
Before a breach of contract can be claimed, there must be a valid contract in place. This means the agreement must include an offer, acceptance of the offer, mutual consent, and clear terms that both parties agree to. Without these basic components, there is no enforceable contract, and a breach claim cannot stand. It’s also important to note that the contract should not involve illegal terms or conditions, as an illegal contract cannot be enforced by law.
- Performance by the Plaintiff
The plaintiff (the person bringing the lawsuit) must prove that they have performed their part of the contract. This means showing that they fulfilled their responsibilities as outlined in the agreement. If the plaintiff has not performed their duties according to the contract, they may not have grounds to claim a breach. For example, if someone agrees to deliver goods or services, they must show that the delivery was made according to the terms before claiming that the other party has breached the contract.
- Breach by the Defendant
The most critical element of a breach of contract claim is showing that the defendant failed to perform their part of the agreement. A breach can happen in several ways: failing to perform on time, performing improperly, or failing to perform at all. The plaintiff must provide evidence that the defendant’s failure to meet the contract terms directly resulted in harm.
- Damages Resulting from the Breach
It’s not enough to show that the contract was breached; the plaintiff must also demonstrate that they suffered damages as a result of the breach. In breach of contract cases, damages are typically financial, aiming to compensate the plaintiff for any losses caused by the breach. This could include direct costs, lost profits, or other financial impacts. Without proof of damages, the claim may fail, as courts generally do not award damages if no loss occurred.
- Causation: Direct Link Between the Breach and the Damages
There must be a direct link between the breach and the damages. This means that the plaintiff has to show that the harm they experienced was a direct result of the defendant’s failure to meet their contractual obligations. If the plaintiff’s losses were caused by something other than the breach, they might not be able to recover damages.
- Valid Excuse for Non-Performance (Defenses)
In some cases, the defendant may argue that they could not fulfill their obligations due to a valid excuse. For example, they might claim that it was impossible to perform due to unforeseen circumstances, such as a natural disaster or a major financial collapse. These defenses can sometimes prevent a breach of contract claim from succeeding. If the defendant has a valid excuse, they might be able to avoid liability for the breach, depending on the situation.
- Contract Modification or Cancellation
Sometimes, a contract may be modified or canceled in certain situations. If both parties agree to change the terms or cancel the contract, then there may not be a breach at all. If a modification or cancellation was made, the plaintiff must prove that the defendant did not honor the updated terms of the agreement.
- Statute of Limitations
A breach of contract claim must be filed within a set period, according to NJ law. Generally, the statute of limitations for a breach of contract claim is six years. If the plaintiff waits too long to file the lawsuit, the court will likely dismiss the case. It’s important to file a claim promptly to avoid losing the right to sue.
What Damages Can Be Recovered in a Breach of Contract Case?
If you successfully prove the breach of contract elements, you may be entitled to several types of damages. The goal of awarding damages is to put the plaintiff in the position they would have been in if the contract had been properly fulfilled. This can include compensation for any direct losses caused by the breach, as well as any additional damages related to the breach.
In some cases, you may be awarded “special” or “consequential” damages, which are losses that go beyond the direct breach. For example, if the breach caused you to miss out on a business opportunity, those lost profits may be recoverable. Additionally, a court may grant specific performance in rare cases, where they order the defendant to fulfill their part of the contract.
Defenses Against Breach of Contract Claims
There are several defenses a defendant can use to contest a breach of contract claim. Common defenses include:
- Impossibility of Performance: The defendant can argue that fulfilling the contract became impossible due to circumstances beyond their control.
- Duress or Undue Influence: If the defendant claims they were forced or coerced into signing the contract, they might argue that it is invalid.
- Mistake: If both parties made a mistake about a fundamental part of the contract, the defendant might argue that the contract should not be enforced.
- Fraud: If one party misrepresented facts, the contract might be void, and no breach would be claimable.
Understanding the breach of contract elements in New Jersey is vital when considering or responding to a legal dispute. A valid contract, performance by the plaintiff, a breach by the defendant, damages, causation, and several other factors must come together to support a breach of contract claim. Having a clear grasp of these elements helps you better protect your rights and obligations in any contractual relationship.
If you believe you have experienced a breach of contract or are facing one, it’s important to consult with a legal professional who can help guide you through the process and ensure your case is handled properly. At Choi Law Firm, we have the experience to assist you in navigating these legal challenges. Contact us today, and we’ll help you understand your options and protect your rights.
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