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Breach of contract is a cause of action or claim in civil litigation (lawsuits) that provides the legal basis for a person or entity to recover its damages/losses when another person or entity breaches an enforceable written or verbal agreement (contract) by breaking one or more promises in the agreement.
In Louisiana, a breach of contract occurs when one party fails to fulfill their obligations under the terms of a legally binding agreement, whether it's written or verbal. The aggrieved party can seek damages for the losses incurred due to the breach. Louisiana's civil law system, which is based on the Napoleonic Code, differs from the common law systems in other states. The Louisiana Civil Code provides the legal framework for contract law in the state. To prove a breach of contract in Louisiana, the plaintiff must demonstrate the existence of a valid contract, the defendant's failure to perform the obligation (breach), and resulting damages. Remedies for breach of contract can include specific performance, where the court orders the breaching party to fulfill their contractual duties, or monetary damages to compensate for the loss. It's important to note that Louisiana law may have unique provisions and requirements for contracts, such as the need for a written agreement in certain cases, as prescribed by the Statute of Frauds (La. C.C. Art. 1839). An attorney can provide specific guidance on the nuances of Louisiana contract law and the appropriate legal remedies available in the event of a breach.