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 West Virginia, 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 claim for breach of contract in a West Virginia court, 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. The statute of limitations for breach of contract in West Virginia is generally 10 years for written contracts and 5 years for oral contracts, as per West Virginia Code § 55-2-6. If the court finds that a breach has occurred, the non-breaching party may be entitled to remedies such as compensatory damages, specific performance, or other relief deemed appropriate by the court.