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 Mississippi, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether 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. Mississippi follows the common law principles for contract litigation, and the statute of limitations for filing a breach of contract lawsuit is generally three years for oral contracts and six years for written contracts, as per Mississippi Code Section 15-1-29 and Section 15-1-49 respectively. If successful, the non-breaching party may be entitled to remedies such as compensatory damages, specific performance, or other relief deemed appropriate by the court.