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 South Carolina, a breach of contract occurs when one party fails to fulfill their obligations under a binding agreement, whether written or verbal. To successfully claim a breach of contract in a civil lawsuit, the plaintiff must establish that a valid contract existed, the plaintiff fulfilled their own contractual obligations or had a valid reason for not doing so, the defendant failed to fulfill their contractual obligations, and the plaintiff suffered damages as a result of the breach. South Carolina law allows for various remedies in the event of a breach, including compensatory damages to cover the plaintiff's losses, consequential damages for additional losses caused by the breach, and in some cases, specific performance where the court orders the breaching party to fulfill their contractual duties. The statute of limitations for breach of contract in South Carolina is generally three years for oral contracts and twenty years for written contracts, meaning that a lawsuit must be filed within these time frames.