Breach of written contract in West Virginia
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 West Virginia fact pattern
Breach of written contract in west-virginia.
Statute of limitations
10 years
W. Va. Code § 55-2-6
From breach of a written contract.
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