Breach of written contract in North Carolina
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 North Carolina fact pattern
Breach of written contract in north-carolina.
Statute of limitations
3 years
N.C. Gen. Stat. § 1-52(1)
From breach. North Carolina does not give extra years just because the contract was signed.
- A sealed instrument can sit on ten years under § 1-47.