Breach of written contract in Delaware
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Valid contract
Offer, acceptance, consideration, and sufficiently definite terms. In writing, as required.
2
Performance or excuse
The plaintiff performed, tendered performance, or was excused.
3
Breach
The defendant failed to do what the contract required.
4
Damages
The breach caused a measurable loss. Expectation damages are the usual measure.
Burden of proof
Preponderance of the evidence.
A Delaware fact pattern
Breach of written contract in delaware.
Statute of limitations
3 years
10 Del. C. § 8106
From breach of a contract. Specialty and sealed writings can sit longer.
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