The Delaware courts consider various factors like existence of a contract, violation of contractual agreements, and subsequent damages as the background for discussing breach of contracts.
- The courts require that a contract should be in written form in order to legally enforceable.
- The contract should be a valid one, until made void due to non-performance by either of the parties.
- The aggrieved party should have suffered losses due to the non-performance of obligations by the other party.
- Depending on the facts and circumstances of the case the court may rescind the contract, order for compensation or even charge criminal charges on the defaulting party.