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 Arkansas, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether the contract is written or verbal. To pursue a breach of contract claim, the aggrieved party must demonstrate that a valid contract existed, that they fulfilled their own contractual obligations or had a valid reason for not doing so, that the other party failed to fulfill their obligations, and that this failure resulted in damages. Arkansas follows the Uniform Commercial Code (UCC) for the sale of goods, which may have specific provisions for contracts related to goods. For services and other non-goods contracts, common law principles apply. The statute of limitations for breach of contract in Arkansas is five years for written contracts and three years for oral contracts. If successful, the injured party may be entitled to remedies such as compensatory damages, specific performance, or restitution, depending on the circumstances of the breach.