Understanding the basics of a breach of contract can help you protect yourself and your business. Contracts are at the heart of most business and personal transactions and set out each party’s rights and obligations, providing structure and predictability. But when one party fails to uphold their end of the deal, it may constitute a breach of contract.

What are the Basics of a Breach of Contract?

A breach of contract occurs when one party does not fulfill the terms and conditions of a legally binding agreement without a valid legal excuse. This could mean failing to perform on time, performing incorrectly, or not performing at all.

Oklahoma law recognizes both written and oral contracts, as long as they contain the basic elements of a contract:

1. Offer and acceptance
2. Consideration (exchange of value)
3. Mutual agreement (meeting of the minds)
4. Legally enforceable purpose

Once a valid contract exists, failure to meet its terms can lead to a breach claim.

Types of Breach of Contract

There are several types of breaches that courts will recognize in Oklahoma:

1. Material Breach
   A material breach is a major failure that goes to the heart of the agreement. For example, if a contractor agrees to build a garage but uses substandard materials that make the structure unsafe, it is a material breach.
2. Minor (Partial) Breach
   A minor breach occurs when the main purpose of the contract is still met, but one party fails to fulfill some aspect. For example, delivering a product a day late may be a minor breach if it doesn’t cause serious harm.
3. Anticipatory Breach
   This happens when one party indicates they will not perform as agreed, even before the deadline. For instance, if a supplier informs you they will not deliver goods on time, you may treat it as a breach and take action.

Legal Remedies

If you prove a breach, you may be entitled to damages and other legal remedies, such as:

• Compensatory damages – Money to cover your actual losses.
• Consequential damages – Compensation for additional foreseeable harm caused by the breach.
• Specific performance – A court order requiring the breaching party to perform as promised (used in cases involving unique items or real estate).
• Rescission – Canceling the contract and restoring both parties to their original positions.

Defenses to Breach of Contract

The accused party may have legal defenses, such as:

• The contract was invalid or unenforceable.
• Performance was impossible or impractical due to unforeseen events.
• The other party accepted defective performance or waived strict compliance.

Creek County Civil Litigation Attorneys

Contract disputes can quickly become complex and costly. Whether you’re pursuing a claim for breach or defending against one, having an experienced attorney can protect your interests and increase your chances of a favorable outcome. Our team at Creek County Attorneys can help you through the process and advocate for you. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.