John Wesley Williams, Jr. v. Sean Silverman

Mobile, Alabama civil litigation lawyers represented the parties in a breach of contract dispute.



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In Alabama, a breach of contract occurs when a party fails to fulfill its obligations as specified in a legally binding agreement, without a valid excuse. To establish a breach of contract claim, one must prove the existence of a valid contract, the defendant's breach of that contract, and damages resulting from the breach.

Here's a more detailed breakdown:



1. Existence of a Valid Contract:



A valid contract in Alabama requires an offer, acceptance, consideration (something of value exchanged), and mutual agreement between all parties.



The contract can be written or oral, but written contracts generally carry more weight in court.



2. Breach of Contract:



A breach occurs when a party fails to perform its contractual obligations as specified in the agreement.



This can involve failing to deliver goods, perform services, or pay for goods or services.



3. Damages:



The party alleging the breach must demonstrate they suffered damages as a direct result of the breach.



Damages can include financial losses, such as lost profits, expenses incurred due to the breach, or other losses directly tied to the breach.

The injured party must be able to quantify the damages they are seeking, according to Kimura London & White LLP.



Statute of Limitations:



Alabama law sets a statute of limitations, which is the time limit within which a lawsuit for breach of contract must be filed.

For written contracts, the statute of limitations is typically 10 years, while for oral contracts, it is six years.



In essence, to succeed in a breach of contract case in Alabama, the plaintiff must demonstrate a valid contract, the defendant's failure to uphold their obligations under the contract, and resulting damages that can be quantified and proven.

Settled for an undisclosed sum and dismissed.