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 New Hampshire, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether written or verbal. To pursue a claim for breach of contract, 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 contractual obligations, and that this failure resulted in damages. New Hampshire follows the traditional elements of contract law, which require an offer, acceptance, consideration, mutual assent, and a meeting of the minds for a contract to be enforceable. The statute of limitations for breach of contract in New Hampshire is generally three years for oral contracts and three years for written contracts, according to NH Rev Stat § 508:4. 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.