In Texas, both business and personal transactions often rest on the strength of a contract. Whether it’s a lease, a service agreement, or the sale of goods, parties depend on the enforceability of these agreements. When a breach occurs, it can bring serious financial and even reputational consequences. To protect your interests, it’s important to understand exactly what Texas law considers a breach of contract.
What Constitutes a Breach of Contract in Texas?
Core Legal Elements in Texas
Texas courts generally require four elements to prove a breach of contract:
- A valid, enforceable contract – This includes an offer, acceptance, consideration, and clearly defined material terms.
- Performance or valid excuse by the plaintiff – The suing party must have fulfilled their obligations or had a legally valid reason for not doing so.
- Material breach by the defendant – The other party’s failure to perform must be significant enough to deprive you of a substantial benefit under the contract.
- Resulting damages – You must have suffered a measurable financial loss or harm because of the breach.
Additional Considerations
- Minor vs. material breaches – Texas law distinguishes between minor breaches (such as slight delays or correctable errors) and material breaches that justify ending the contract. Only material breaches may release you from further obligations.
- Statute of limitations – In Texas, you generally have four years to sue for breaches of written contracts and two years for oral agreements, starting from the date of the breach.
- Available remedies – Depending on the circumstances, you may be entitled to compensatory damages, attorney’s fees (if allowed by the contract), specific performance, or restitution.
Final Thought on What Constitutes a Breach of Contract in Texas
In Texas, a breach of contract isn’t simply about a broken promise; it’s about meeting specific legal requirements, a valid agreement, your compliance, a substantial failure by the other party, and measurable harm to you. Whether you’re facing a minor service delay or a major contractual collapse, knowing these principles helps you enforce your rights effectively.
At The Law Office of Attorney Udo Ezeamama, we review your contract, assess possible breaches, advise on defence or recovery strategies, and guide you in taking timely legal action within Texas’s deadlines.