Defendant's Attorney: John M. Guthrie and Patrick D. Smith

Description: Des Moines, Iowa civil litigation lawyers represented the Plaintiffs who sued the Defendant on a breach of contract theory.

"Iowa breach of contract law is governed by the Iowa Uniform Commercial Code and the common law of contracts.

To prove a breach of contract in Iowa, the non-breaching party must show the following four elements:

Existence of a valid contract. This means that there must have been an offer, acceptance, and consideration.
Performance of obligations. The non-breaching party must have performed their obligations under the contract.
Breach of contract. The breaching party must have failed to perform their obligations under the contract.
Damages. The non-breaching party must have suffered damages as a result of the breach.

If the non-breaching party can prove all four of these elements, they may be entitled to damages from the breaching party. Damages can include the following:

Compensatory damages: These damages are designed to compensate the non-breaching party for the losses they suffered as a result of the breach.
Punitive damages: These damages are designed to punish the breaching party for their wrongful conduct.

In some cases, the non-breaching party may also be entitled to specific performance. This means that the court can order the breaching party to perform their obligations under the contract.

Here are some examples of breach of contract in Iowa:

A buyer fails to pay a seller for goods that have been delivered.
A seller fails to deliver goods to a buyer who has already paid for them.
A contractor fails to complete a job on time or to the agreed-upon specifications.
An employee fails to perform their job duties as agreed upon.
An employer fails to pay an employee their wages or benefits.

If you believe that you have been a victim of breach of contract in Iowa, you should consult with an attorney to discuss your options.

Additional information

Iowa law recognizes two types of breaches of contract: material breaches and minor breaches. A material breach is a breach that goes to the heart of the contract and makes it impossible or impractical for the non-breaching party to perform their obligations. A minor breach is a breach that does not go to the heart of the contract and does not make it impossible or impractical for the non-breaching party to perform their obligations.

If a party commits a material breach of contract, the non-breaching party is generally excused from performing their obligations under the contract. The non-breaching party may also be entitled to damages from the breaching party.

If a party commits a minor breach of contract, the non-breaching party is generally still required to perform their obligations under the contract. However, the non-breaching party may be entitled to damages from the breaching party.

Whether a breach is material or minor depends on the specific facts of the case. A court will consider the following factors when making this determination:

The nature of the breach
The severity of the breach
The impact of the breach on the non-breaching party
Whether the breach was intentional or negligent

If you have any questions about Iowa breach of contract law, you should consult with an attorney."

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Outcome: 10/27/2023 68 ORDER granting 66 Joint Motion to Interview Jurors. Signed by Judge Stephen H. Locher on 10/27/2023. (mm) (Entered: 10/27/2023)

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