The elements of a valid contract are that an offer was made by one party, that offer was accepted by the other party, there was something of value exchanged between the parties and all parties were competent at the time of agreement. It is important to note that some contracts must be in writing in order to be legally valid.
Where litigation issues arise normally, are within the formation of a contract, enforceability of stated terms of performance, the failure of one party to perform one of those terms, the breach was material or of some consequence, and there are damages.
A breach of contract lawsuit usually involves a valid contract where one party does not complete one or more of the terms that he/she promised to complete. Some clients prefer that we attempt to work things out with the other party before filing a lawsuit. Others prefer to file immediately. Dove Law Firm attorney, Shawn Dove can consult with you regarding your preferred tactic for resolution.