Vermont Courts take into consideration the basic elements of a valid contract before determining the existence of a breach of contract.
- There should be an actual contract between two parties containing an offer, consent and consideration.
- The intent and consideration of the contract should be legal. Illegal contracts will not qualify for breach of contract lawsuits.
- The party who performs the breach of contract will be required to compensate the other party financially or through specific performance for damages incurred.
- In cases where specific performance is not possible financial compensation may be allowed by the Court.