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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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