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formation of contract | breach-of-contract-elements | contract elements | contract formation | contract
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To prevail on a breach-of-contract claim, a plaintiff must prove (1) a valid contract existed between the plaintiff
and the defendant, (2) the plaintiff tendered performance or was excused from doing so, (3) the defendant
breached the terms of the contract, and (4) the plaintiff sustained damages as a result of the defendant's
breach. West v. Triple B Servs., LLP, 264 S.W.3d 440, 446 (Tex. App.-Houston [14th Dist] 2008, no pet.).

In order to prevail on a breach of contract claim, a plaintiff must establish: "(1) the existence of a valid
contract; (2) performance or tendered performance by the plaintiff; (3) breach of the contract by the
defendant; and (4) damages sustained by the plaintiff as a result of the breach." Valero Mktg. & Supply Co. v.
Kalama Int'l, LLC, 51 S.W.3d 345, 351 (Tex.App.-Houston [1st Dist] 2001, no pet.); see also Bridgmon v. Array
Sys. Corp., 325 F.3d 572, 577 (5th Cir.2003); Henderson-Smith & Assocs., Inc. v. Nahamani Family Serv. Ctr.,
323 Ill.App.3d 15, 256 Ill.Dec. 488, 752 N.E.2d 33, 43 (2001).

ELEMENTS OF BREACH OF CONTRACT UNDER TEXAS LAW
Also see --> breach of settlement agreement, breach of promissory note, breach of warranty, breach of fiduciary duty

The elements of a breach of contract claim are (1) the existence of a valid
contract between plaintiff and defendant, (2) the plaintiff's performance or
tender of performance, (3) the defendant's breach of the contract, and (4) the
plaintiff's damage as a result of the breach.
Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97 S.
W.3d 631, 636 (Tex. App.--Houston [1st Dist.] 2002, pet. denied).
Simplified Development Corp. v. Garfield (Tex.App. - Houston [14th Dist.] Feb. 14, 2008)(subst. op. by
Anderson) (breach of contract, jury trial,
admission of evidence, damages)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by
Justice Anderson
Before Chief Justice Hedges, Justices Anderson and Seymore
14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. Jon Garfield
Appeal from 295th District Court of Harris County (
Judge Tracy Kee Christopher)

The essential elements in a suit for breach of contract are: (1) the existence of a valid contract; (2) the plaintiff
performed or tendered performance; (3) the defendant breached the contract; and (4) the plaintiff was
damaged as a result of the breach. Bank of Tex. v. VR Elec., Inc., 276 S.W.3d 671, 677 (Tex. App.--Houston
[1st Dist.] 2008, pet. denied). Furthermore, a party seeking to recover under a contract bears the burden of
proving that all conditions precedent have been satisfied. CDI Eng'g Group, Inc. v. Admin. Exch., Inc., 222 S.W.
3d 544, 548 (Tex. App.--Houston [14th Dist.] 2007, pet. denied) (citing Associated Indem. Corp. v. CAT
Contracting, Inc., 964 S.W.2d 276, 283 (Tex. 1998)). In an option contract, strict compliance with the
provisions of the option contract is required. Besteman v. Pitcock, 272 S.W.3d 777, 784 (Tex. App.--
Texarkana 2008, no pet.); Tex. State Optical, Inc. v. Wiggins, 882 S.W.2d 8, 10-11 (Tex. App.--Houston [1st
Dist.] 1994, no writ).
Mensa-Wilmot v. Smith International, Inc. (Tex.App.- Houston [1st Dist.] Nov. 19, 2009)(Alcala) (breach of
contract, option contract,
untimely amendment of pleadings prior to summary judgment hearing, finality)
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Alcala     
Before Justices Keyes, Alcala and Hanks   
01-08-00481-CV  Graham Mensa-Wilmot v. Smith International, Inc.   
Appeal from 165th District Court of Harris County
Trial Court Judge: Hon.
Elizabeth Ray

The elements of a breach of contract claim are: (1) the existence of a valid
contract; (2) performance or tendered performance by the plaintiff; (3) breach
of contract by the defendant; and (4) damages sustained as a result of the
breach.
Valero Mktg. & Supply Co. v. Kalama Int’l, L.L.C., 51 S.W.3d 345, 351 (Tex. App.—Houston [1st
Dist.] 2001, no pet.).
Hill v. Hoelke (Tex. App.- Houston [1st Dist.] Mar. 12, 2009)(Taft)
(investment dispute,
breach of fiduciary duty, breach of contract, fraud, and promissory estoppel)
AFFIRM TC JUDGMENT: Opinion by
Justice Tim Taft  
Before Justices Taft, Bland and Sharp
01-07-00702-CV John Hill v. Frederick F. Hoelke and Frederick F. Hoelke, P.C.  
Appeal from 151st District Court of Harris County
Trial Court
Judge: Hon. Caroline E. Baker  

The elements of a breach of contract claim are (1) the existence of a valid contract between plaintiff and
defendant, (2) the plaintiff’s performance or tender of performance, (3) the defendant’s breach of the
contract, and (4) the plaintiff’s damage as a result of the breach. Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97 S.
W.3d 631, 636 (Tex. App.—Houston [1st Dist.] 2002, pet. denied).  01-03-00034-CV


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