Law Library Articles
Top 10 Breach of Contract Articles
The most famous "breach of contract" case is the "Pepsi Points Case." Pepsi launched a humorous commercial offering to redeem 7,000,000 Pepsi points for an AV-8 Harrier II jump jet. Wanting to get his hands on a Harrier jet, a 21-year-old business student sent Pepsi a $700,000 check (as permitted by the contest rules) and tried to order a Harrier jet. Pepsi returned the check, explaining that the commercial was a joke. The court agreed with Pepsi, holding that a contract had not been formed. An essential element of a contract is an offer, and a "reasonable person" would not think that the humorous promise to redeem 7,000,000 points for a Harrier jet was an "offer."
"Breach of contract" occurs when someone fails to fulfill his or her duties under the terms of a contract. A contract can be written or oral. "Breach of contract" is one of the most common lawsuits. Here are the top ten "breach of contract" articles:
1. Wrongful or Tortious Interference with Contracts
Wrongful or tortious interference with contracts is when a person causes another person to breach a contract, or where the person disrupted the ability of another person to perform his or her contractual obligations.
2. Breach of Contract
A breach of contract is a failure to fulfill duties under the contract terms. This article discusses contract formation, oral and written contracts, when a contract has been breached, and the remedies for a breach of a contract.
3. Breaching an Employment Contract
Employment contracts set out the rights and duties of the employer and employee. If either party breaches the contract, the other can sue for damages.
4. Material Breach of Contract
This article explains the different between a material breach of contract and a non-material breach of contract. If the breach is material, the non-breaching party is excused from performing his or her party of the contract. However, if the breach is non-material, the non-breaching party still has to perform his or her part of the contract.
5. Attorney’s Fees in Breach of Contract Cases
Generally, courts do not make the losing party pay for the winning party’s attorney fees in breach of contract cases. However, there are a few exceptions.
6. Types of Damages Available for Breach of Contract
There are several remedies available for breach of contract cases. This article lists some of the most common remedies and when those remedies are available.
7. Breach of Contract and Simultaneous Fraud Claims
If a fraud cause of action and a breach of contract cause of action arose out of the same basic facts and circumstances, the two cannot be filed simultaneously. However, one exception is "fraud in the inducement," when happens when one party made misrepresentations that led the other party to agree to the contract.
8. How to File a Breach of Contract Lawsuit
This article explains how to file a breach of contract lawsuit, the elements of a contract, and the defenses to a breach of contract.
9. Where to File a Lawsuit for Breach of Contract
You can’t just file a breach of contract claim wherever you want. Instead, you have to file your claim in the proper court.
10. Breach of a Construction Contract
Construction contracts are contracts between two parties for a construction project. If a party breaches a construction party, the other party can sue for damages.
