Contract Claims FAQ | Texas Family Law Powerhouse

Question 1

What are the elements to prove a breach of contract claim in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including John C. Campbell v. Medical Imaging Consultants, LLP. To recover damages for the breach of a non-disparagement clause, it is not enough to prove a negative comment was made; you must provide direct evidence that the disparagement was the 'but-for' cause of a lost job or contract, rather than relying on a chain of speculative inferences about a third party's hiring process.

Question 2

What is the primary goal of Texas courts when interpreting disputed contracts?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Privilege Underwriters Reciprocal Exchange v. Mankoff. Draft with extreme precision: Texas courts will apply the broad 'plain meaning' of undefined terms in MSAs and decrees, regardless of whether a creative argument or external statute suggests a narrower interpretation. If you want a specific asset or expense excluded from a general category, you must explicitly define that distinction within the four corners of the document.

Question 3

What is the significance of a contract's preamble in Texas breach of contract cases?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Graybar Electric Company, Inc., Appellant v. Buying Power, Inc., Appellee. When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary.

Question 4

What makes a contract unconscionable in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Patriot Power Group, LLC v. Fasken Oil and Ranch, Ltd.. Including "boilerplate" references to AAA or JAMS rules in a prenuptial or mediated settlement agreement effectively strips the trial court of its power to determine if the agreement is valid; instead, any challenge to the contract's enforceability will be decided by a private arbitrator rather than a judge in a public courtroom.

Question 5

When is a contract considered illusory in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Graybar Electric Company, Inc., Appellant v. Buying Power, Inc., Appellee. When valuing a business or proving 'waste' of community assets in a divorce, expert testimony is legally sufficient if it is tethered to objective historical data and the expressed intent found in business contracts, even if the business owner claims future performance was discretionary.