To prove breach of contract in an Indian court, you must show specific legal elements with supporting evidence. The law governing contracts in India is primarily the Indian Contract Act, 1872—this remains in force even after the criminal law reforms (BNS, BNSS, BSA), as contract law is civil, not criminal.
Here’s how you establish a breach of contract in court:
1. Existence of a Valid Contract
First, you must prove that a valid, legally enforceable contract existed. This includes showing:
Offer and acceptance
Lawful consideration
Intention to create legal relations
Competent parties
Lawful object
Free consent (no coercion, fraud, etc.)
Evidence:
Written agreement
Emails, messages, or letters showing offer/acceptance
Witness testimony, if oral contract
2. Your Performance or Willingness to Perform
You must show that:
You fulfilled your obligations, or
You were ready and willing to perform your part, but the other party prevented it.
Evidence:
Receipts, invoices
Delivery proof
Communications showing you tried to perform
3. Breach by the Other Party
You must prove the other party failed to perform their obligations without lawful excuse. Types of breach include:
Actual breach: When the party fails to perform on the due date.
Anticipatory breach: When a party declares in advance they won't perform.
Evidence:
Non-delivery of goods/services
Admission by the breaching party
Communication showing refusal to perform
4. Resulting Loss or Damage
Finally, you must show that you suffered a loss or injury because of the breach. Courts won’t award damages unless there's a clear, proven loss.
Evidence:
Financial records
Expert valuation (for business loss)
Proof of opportunity lost (e.g., other contracts affected)
Burden of Proof
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
The burden lies on the person alleging the breach (you, as the plaintiff).
Section 101 of the BSA retains the principle: "Whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove those facts."
Remedies You Can Seek
If you successfully prove the breach, the court may grant:
Compensatory damages
Specific performance (forcing the party to perform)
Injunctions
Rescission of contract
Restitution
Summary
To prove breach of contract in court, you must establish:
1. A valid contract existed
2. You fulfilled or were ready to fulfill your part
3. The other party failed to perform
4. You suffered legal damage because of it
The entire case hinges on evidence—documents, communication records, witness statements, and financial data.
Dear Client,
In order to prove a breach of contract in a court of law, you must prove the following elements:
1. Valid Contract: You need to show that, at the beginning, a legally valid contract existed between the parties to the contract – whether it be written, oral, or implied – that contained definite terms and had mutual assent.
2. Performance by Plaintiff: You must show that you performed your part of the agreement, or were ready, willing and able to do so.
3. Breach by Defendant: You must show that the other party (the defendant) breached their obligation to perform under the contract, by either not performing at all, delaying performance, or performing in breach of the terms of the contract in some other way.
4. Damages: You must show that you suffered a financial or legal harm that was caused directly by the breach of the contract by the other party.
Supporting documents, such as the actual contract, emails, invoices, and testimony from witnesses, can be a valuable addition to your case.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
Dear Client,
When two parties enter into a contract and one of the parties approaches a court of law claiming that the other party had committed a breach of contract, the burden of proof lies on the party who approaches the court alleging that there has been a breach. Since this party makes a claim, they have to establish and prove that there did exist a valid contract between the two parties and that the other party had failed to fulfil their contractual obligations as agreed upon.
Some of the important things that have to be proved by the plaintiff (the party who is claiming breach) are as follows –
1. The plaintiff must be able to show that a valid contract existed between the two parties, which fulfilled all essentials as per Section 10 of the Indian Contract Act, 1872. This means that there must have been an offer, an acceptance, the consideration must have been lawful, the parties must have been competent, and that their consent must have been free. To prove this, the plaintiff can produce documents like the written contract, any emails between the parties, and etc, as evidence in court.
2. The plaintiff must prove in court that, on their end, they have already or were willing to perform their contractual obligations as per the contract.
3. The plaintiff must be able to prove that the other party failed to perform their part, committed delays, or violated the terms of the contract.
4. To strengthen their case, the plaintiff also can produce evidence showing that they served a notice to the defaulting party regarding the breach.
5. Lastly, the plaintiff must be able to show actual loss or injury suffered by them as a direct result of the breach committed by the other party. This is essential as per Section 73 of the Indian Contract Act, 1872.
I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.
