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 Wisconsin, 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, the plaintiff performed their part or had a valid reason for not performing, the other party failed to perform their obligations, and as a result, the plaintiff suffered damages. Wisconsin follows the Uniform Commercial Code (UCC) for the sale of goods, which may alter some of the general contract principles. The statute of limitations for breach of contract in Wisconsin is generally six years for written contracts and three years for oral contracts. If the breach involves a sale of goods, the UCC imposes a four-year statute of limitations. Successful claimants may recover damages that may include compensatory damages, consequential damages, and in some cases, specific performance or injunctive relief. It is advisable to consult with an attorney to understand the specific legal remedies and strategies available for a breach of contract in Wisconsin.