law breach of contract | substantial performance doctrine as defense | failure of consideration | prior breach
by plaintiff | illegal contract or contract against public policy unenforceable |
ELEMENTS OF CAUSE OF ACTION FOR BREACH OF CONTRACT
To recover for breach of contract, a plaintiff must prove the existence of a valid contract, that the
plaintiff performed, that the defendant breached the contract, and that the defendant's breach
caused plaintiff injury. Winchek, 232 S.W.3d at 202. Recovery of attorney's fees from an adverse
party is allowed when a contract or statute permits the recovery. Tony Gullo Motors I, L.P. v. Chapa,
212 S.W.3d 299, 310 (Tex. 2006).
Implied Duty to Cooperate (Texas contract law)
A duty to cooperate is implied in every contract in which cooperation is necessary for performance of the
contract. This implied duty requires that a party to a contract may not hinder, prevent, or interfere with
another party's ability to perform its duties under the contract. Case Corp. v. Hi-Class Bus. Sys. of Am., Inc.,
184 S.W.3d 760, 770 (Tex. App.--Dallas 2005, pet. denied); Bank One, Tex., N.A. v. Stewart, 967 S.W.2d
419, 435 (Tex. App.—Houston [14th Dist.] 1998, pet. denied); Hallmark v. Hand, 833 S.W.2d 603, 610 (Tex.
App.—Corpus Christi 1992, writ denied).
Exuse Defense
Additionally, when one party to a contract, by wrongful means, prevents the other party from performing,
such an action by the party at fault constitutes a breach of contract. The effect of such a breach is not only to
excuse performance by the injured party, but also to entitle it to recover for any damage it may sustain by
reason of the breach. Smith v. Lipscomb, 13 Tex. 532, 538 (1855); Arceneaux v. Price, 468 S.W.2d 473, 474
(Tex. Civ. App.—Austin 1971, no writ); S.K.Y. Inv. Corp. v. H. E. Butt Grocery Co., 440 S.W.2d 885, 889–90
(Tex. Civ. App.—Corpus Christi 1969, no writ).
SOURCE: CORPUS CHRISTI/EDINBURG COURT OF APPEALS - 13-08-00263-CV - 10/20/11
Also see:
Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Texas Caselaw Topics Pages | Texas Opinions homepage |