Breach of Contract in Virginia Simplified by DoNotPay
A breach of contract occurs when a promisor fails to perform an obligation set by an agreement without a legal excuse. This article will explain all you need to know about a breach of contract in Virginia.
We will also discuss the available options you have to seek remedies and collect damages. The best way to make sure the breaching party takes you seriously is to send them a breach of contract demand letter. DoNotPay has a solution that will help you draw up a professional demand letter in minutes.
In Virginia, to prove that a breach of contract took place, the plaintiff has to provide evidence that the other party failed to carry out their end of the agreement without legal excuse. When providing proof, the plaintiff needs to focus on the following three elements:
- A legally enforceable agreement was made
- The promisor breached the contract
- The promisee suffered damages that the breach caused
The injured party needs to prove that the contract exists—i.e., that both parties agreed to its terms. If you have a written agreement, its existence will be easy to prove, but if the contract is oral, the process will be more difficult.
The promisee must prove that the promisor failed to complete their end of the agreement. You can do that by claiming a material breach.
Many disputes can arise when you try to prove breach of contract, like:
- Who breached the contract first
- What the disputed terms of the agreement mean
- Whether the promisee waived the promisor’s breach by their own actions
- Whether there was fraud in the moment of entering into the contract
Keep in mind that the promisor might use affirmative defenses to breach of contract by providing a valid legal reason as to why they did not fulfill what they promised.
You will have to demonstrate that, due to the promisor’s failure to uphold their part of the agreement, you suffered losses. Once you prove this, you will be able to collect damages, which is usually done through payments.
If a contract contains offer, acceptance, and consideration, it’s enforceable. There are certain types of contracts that must be in writing for them to be enforceable under the Virginia Statute of Frauds, though. The agreements that this applies to are as follows:
- Sale of real estate
- A non-marital co-living arrangement
- Lease of real estate for longer than one year
- Promise by a person to be legally responsible for a debt of another
- Ratification of an agreement by a minor
- A contract that is impossible to perform within one year of the date when it was entered into
- Agreement on consideration of marriage
To seek compensation for a breach of contract in Virginia, you can choose one of the options from the table below:
|Way of Seeking Compensation||Brief Explanation|
|Draw up a demand letter||You need to be familiar with legal terminology to be able to create a demand letter by yourself. You will find plenty of demand letter templates, but they might prove lackluster as they are generic and lack the important, case-specific information you need your letter to cover|
|Hire a lawyer||Hiring a lawyer is the safest way to get a demand letter, but you should be prepared for sky-high fees|
|Sign up for DoNotPay||Our user-friendly platform offers a product that draws up airtight demand letters with all the essential information you need|
If you want a demand letter that will comply with all the Virginia contract laws and be fully personalized, then DoNotPay is the optimal choice. Our app will use the information you provide through a simple questionnaire to create a rock-solid demand letter in a few minutes.
To create your letter, register for DoNotPay and follow the instructions below:
- Select the Client Breach of Contract product
- Provide information about your case
- Specify the date by which your client has to pay you
- Add any photo evidence that you have
Once you complete the steps, DoNotPay will generate your demand letter automatically.
If the client decides to ignore your demand letter, you might want to escalate the matter. Our app can help you sue your client in small claims court.
DoNotPay is the world’s first robot lawyer recognized by the ABA Louis M. Brown Award for Legal Access.
To get our assistance, follow these instructions:
- Open the Sue Now tool
- Enter the amount of money you’re owed
- Select the Court Filing Forms option
- Describe the situation—why you are filing the lawsuit
Apart from filling out the necessary court forms, collecting all the required paperwork, and filing the claim in court, DoNotPay will produce a script of what you should say at your court hearing.
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You can also count on our assistance when you need to:
- Fight fake negative reviews online
- Deal with a client regarding a breach of contract
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Thanks to DoNotPay, there is no need for back-and-forth communication. We will handle the necessary demand letters and forward them on your behalf.
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