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- 1). Prove that your contract with the defendant was valid. A contract must be valid to be enforceable. A contract is valid if there is an offer and acceptance, consideration (each party receives something of value), the contract does not violate the law, both parties to the contract are sane and old enough to enter into a contract and mutual assent ("meeting of the minds") is present. If you and the defendant entered into a written contract, you may use this as evidence. If, however, you and the defendant entered into an oral contract, it may be necessary to have witnesses help establish that a legally binding contract existed.
- 2). Prove that you fulfilled the requirements of the contract. A contract requires that each party perform in some way. You must establish that you met your contractual obligations. If you failed to fulfill the terms of the contract, you may not be able to recover for breach of contract.
- 3). Prove the defendant breached the contract. You must establish the defendant failed to fulfill her obligations under the contract. This can be accomplished with evidence, such as documents or witnesses.
- 4). Prove you were harmed by the defendant's breach. There is no point in suing for breach of contract, if you did not incur any damages. You must establish that the defendant's breach of contract resulted in a monetary loss. If the contract allows, you may also be able to recover attorney fees.
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