Elements of a Breach of Contract in Vermont
March 12, 2022

At the core of almost all business litigation cases is a breach of contract, but breaches can also occur in personal matters. In order for a breach of contract to exist, four elements must be present.


  • You were party to a valid contract;
  • You fulfilled your part of the contract;
  • The other party did not fulfill their part of the contract; and
  • The other party’s breach caused you actual damages.


When a written or oral contract is breached in Vermont, the consequences of that breach will largely depend on the circumstances of the situation. In some cases, the at-fault party will simply pay the other for any losses caused by the breach. Sometimes, however, a resolution cannot be reached privately, and the matter results in litigation.

On occasion, a breach of contract may occur due to an unavoidable issue, rather than an intentional violation. Even so, if you have suffered losses as a result of the breach, you may be entitled to obtain compensation for any damages. An experienced Middlebury contract attorney can review your case to determine how to proceed.


Examples of Breach of Contract

 

Whenever one party to a contract does not fulfill their part of the contract, a breach may occur. Breaches can involve personal contracts and business contracts. Some of the most common examples of breach of contract include:


  • Failure to perform services
  • Breach of contract on sales of goods
  • Violation of a non-compete clause


Did a Breach of Contract Actually Occur?

 

For a true breach of contract to have occurred, the other party must have failed to fulfill a “material element” of the contract. A material element is something that is significant to the agreement’s actual purpose. For example, if you hire a band to play at your wedding on Saturday May 25, but they don’t show up until Sunday May 26, the date is a material element of the contract.



On the other hand, if you order a new car that is scheduled to be delivered on Saturday May 25, but it doesn’t arrive until May 26, the date is unlikely to be considered a material element of the contract. If, however, you order a car with four doors and you receive a car with two doors, the number of doors is a material element.


When another party to a contract does not fulfill their obligations, it is critical to have an attorney review your case to determine whether a breach actually occurred. In addition, your VT contract lawyer can calculate damages and help you prove the breach so that you can obtain the compensation you deserve in a timely manner.


Contact Deppman Law PLC Today

 

If you have suffered damages due to a breach of contract, the skilled legal team at Deppman Law PLC can help. We will evaluate your case, help you try to enforce the agreed upon terms when possible, and work tirelessly to obtain compensation for any damages suffered. Contact us today at 802-388-6337 for a confidential consultation about your case.

Protecting Your Small Business from Legal Disputes Before They Start

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Running a small business involves balancing opportunity and risk. While disputes can’t always be avoided, many legal problems can be prevented with proactive planning and clear communication. Here are several ways small business owners can reduce legal risk before issues arise. Choose the Right Business Structure The legal structure of your business affects liability, taxes, and operations. Forming the right entity can help protect personal assets and clarify ownership responsibilities from the outset. Use Clear, Written Agreements Handshake deals and informal arrangements often lead to misunderstandings. Well-drafted contracts with customers, vendors, and partners help set expectations and reduce disputes over payment, performance, deliverables, or scope of work. Review Commercial Leases Carefully Commercial leases often contain long-term obligations and hidden costs. Understanding lease terms before signing can prevent costly surprises and future conflicts with landlords. Address Employment Issues Early Clear policies, proper classification of workers, and consistent practices can help prevent disputes with employees or contractors. Early legal guidance can help ensure compliance and reduce exposure. Plan for Disagreements Even healthy businesses encounter conflict. Including dispute resolution provisions in contracts and addressing issues promptly can help resolve problems before they escalate into litigation. Proactive legal planning isn’t about expecting failure—it’s about building a strong foundation that allows your business to operate with confidence and flexibility. Call Deppman Law PLC If you own or are starting a small business and want to reduce legal risk before problems arise, Deppman Law PLC can help. We work with Vermont business owners to put practical safeguards in place and address issues early. Contact Deppman Law PLC to schedule a consultation and protect your business’s future.

When Should You Talk to a Lawyer? Common Situations Where Early Advice Matters

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People frequently wait to contact a lawyer until a problem feels urgent or unavoidable. By that point, costs may be higher and stress levels are often elevated. In many situations, speaking with a lawyer early can help prevent small issues from becoming much larger ones. Here are some common scenarios where early legal advice can make a meaningful difference. Before Signing a Contract Whether it’s a lease, business agreement, vendor contract, or settlement document, contracts carry long-term consequences. A quick review before signing can help identify unclear terms, unexpected obligations, or risks you may not have noticed. During Major Life Changes Events like marriage, divorce, having children, or buying property often trigger legal considerations. Early guidance can help ensure important steps—such as updating estate plans or addressing property rights—aren’t overlooked. When Starting or Growing a Business Choosing the right business structure, drafting agreements, and understanding liability risks are much easier at the beginning than after problems arise. Early legal planning can protect both personal and business assets. If a Dispute Is Developing If tensions are rising with a tenant, business partner, neighbor, or family member, early advice can help you understand your rights and avoid actions that could escalate the situation or weaken your position. After an Injury or Property Incident Whether you were injured or someone was hurt on your property, early legal input can help preserve important information and guide next steps before statements are made or deadlines are missed. Talking to a lawyer doesn’t mean you’re headed for court. In many cases, it’s about understanding your options, clarifying risks, and making informed decisions before a situation becomes more complicated. Call Deppman Law PLC If you’re facing a legal question or simply wondering whether you should speak with an attorney, Deppman Law PLC is here to help. We offer practical guidance designed to address issues early and thoughtfully. Contact Deppman Law PLC to schedule a consultation and get clear answers before problems grow.