The essential elements for filing a lawsuit for breach of a contract in Texas are as follows:
- There should be a valid contract that satisfies all the perquisites and conditions of a legally enforceable contract like offer, acceptance and consideration.
- The plaintiff (aggrieved party) has performed his part of the promise or share of the contract as agreed upon.
- The defendant (defaulting party) fails to perform his duty resulting in non-performance and damage to the plaintiff.
- The plaintiff incurs serious damage or loss due to the defaulting party’s failure to perform the duty.