Taking Legal Action: How to File a Breach of Contract Lawsuit

How to File a Breach of Contract Lawsuit

A contract is a legally binding agreement between two or more parties where one party makes an offer, and the other accepts it. Both parties are then obligated to fulfill their promises as outlined in the agreement. Contracts can be either oral or written, and their terms can be explicitly stated or implied through actions and circumstances. In Wisconsin, the essential elements of a contract include:

1. Offer: One party proposes terms to another.
2. Acceptance: The other party agrees to the proposed terms.
3. Consideration: Something of value is exchanged between the parties.
4. Mutual Assent: Both parties must agree to the terms and intend to be bound by the contract.
5. Capacity: The parties must have the legal ability to enter into a contract.
6. Legality: The contract’s purpose must be lawful.

What is a Breach of Contract?

A breach of contract occurs when one party fails to fulfill their obligations as outlined in the agreement, causing the other party to suffer economic loss. This failure to perform can take various forms, such as not delivering goods or services on time, not paying for goods or services received, or not meeting the quality standards specified in the contract. If the contract is breached, the non-breaching party is entitled to remedies, including seeking damages, specific performance, or cancellation of the contract. Wisconsin law controls what remedies may be available. The type of contract that was made may affect what remedies are available to you.

Steps to File a Breach of Contract Lawsuit

1. File a Complaint: Start by filing a complaint in the appropriate civil court. A complaint describes the problem and explains the case to the judge and the other party. The complaint must be served upon the party that you have sued, who is now referred to as a Defendant.
2. Determine the Venue: The venue is the proper location for the case. The proper venue is defined by Wisconsin law but is typically where most of the events leading to the lawsuit occurred or where the defendant is located.
3. Establish Jurisdiction: The court must have jurisdiction over the subject matter of the lawsuit (in this case, breach of contract), the amount in controversy, and the parties involved.
4. Consider the Forum Selection Clause: The contract may specify the court where a lawsuit should be brought and the applicable state or national laws.
5. Statute of Limitations: Each state has its own statute of limitations for breach of contract cases. In Wisconsin, this period is six years. Wis. Stat. 893.43(1).

The experienced business lawyers at Halling & Cayo, S.C. have been helping people (including businesses, both big and small) file lawsuits for decades. Call today for a free consultation with an experienced attorney.