Causes Of Action

This article outlines three of the most common causes of action that plaintiffs assert in commercial disputes, particularly claims based on contracts, fraud, torts, and those based on equity. To start, let's take a look at perhaps the most common claim – breach of contract. To be successful, a plaintiff claiming that the defendant breached their contract or specific terms of the contract governing their relationship, must demonstrate that (i) a contract in fact did exist between the parties, (ii) the plaintiff performed her obligations under the contract, (iii) the defendant failed to perform her obligations under the contract, and (iv) the plaintiff incurred damages as a result. Breach of contract claims are subject to many defenses including mutual mistake, impossibility of performance, failure of consideration, estoppel, and waiver. KI Legal regularly pursues and defends against breach of contract claims.