CASE CITATIONS TO ELEMENTS OF ACTIONS FOR BREACH OF CONTRACT FOR THE 50 STATES (PLUS D.C.)  
       STATE      VALID     PERFORMANCE  BREACH        RESULTING             CASE CITATION AND SYNOPSIS OF GOVERNING LAW 
                CONTRACT      OR EXCUSE                 DAMAGE 
        Ala.       Yes            Yes         Yes          Yes      “The elements of a breach of contract claim under Alabama law are as follows: (1) a valid 
                                                                    contract binding the parties; (2) the plaintiff's performance under the contract; (3) the 
                                                                    defendant's nonperformance; and (4) resulting damages.” State Farm Fire & Casualty Co. 
                                                                    v. Slade, 747 So. 2d 293, 303 (Ala. 1999). 
       Alaska      Yes            Yes         Yes          Yes      Fleenor v. Church, 681 P.2d 1351, 1354 & n.4 (Alaska 1984) (noting that although “courts 
                                                                    of equity do not require literal performance of all acts required to be done under the 
                                                                    contract” in order for equitable relief to be granted, “under ordinary circumstances, 
                                                                    [plaintiff] would be barred from enforcing [defendant‟s] duty to perform, since he had not 
                                                                    fulfilled his own concurrent contractual obligation.”) (citing Navato v. Sletten, 560 F.2d 
                                                                    340, 346 (8th Cir. 1977) ("It is axiomatic that before a party can recover upon a contract, 
                                                                    he must show his own performance or his own tender thereof."); Huszar v. Certified 
                                                                    Realty Co., 266 Ore. 614, 512 P.2d 982, 984 (1972) ("Ordinarily . . . . a party to a contract 
                                                                    who complains that the other party has breached the terms of a contract must prove 
                                                                    performance on his own part, or a valid tender rejected by the other party.") (parentheticals 
                                                                    in original));  Native Village of Stevens v. Alaska Management & Planning, 757 P.2d 32, 
                                                                    42-43 (Alaska 1988) (requiring plaintiff to prove existence of valid, enforceable contract 
                                                                    in order to maintain action for breach of contract);  Winn v. Mannhalter, 708 P.2d 444, 
                                                                    450 (Alaska 1985) (Damages resulting from the breach a required element in an action for 
                                                                    breach of contract)). 
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              CASE CITATIONS TO ELEMENTS OF ACTIONS FOR BREACH OF CONTRACT FOR THE 50 STATES (PLUS D.C.)  
       STATE      VALID     PERFORMANCE  BREACH        RESULTING             CASE CITATION AND SYNOPSIS OF GOVERNING LAW 
                CONTRACT      OR EXCUSE                 DAMAGE 
        Ariz.      Yes            Yes         Yes          Yes      Graham v. Asbury, 112 Ariz. 184, 185 (1975) (“To bring an action for the breach of the 
                                                                    contract, the plaintiff has the burden of proving the existence of the contract, its breach 
                                                                    and the resulting damages.”) (citing generally Clark v. Compania Ganadera de Cananea, 
                                                                    S.A., 95 Ariz. 90 (1963)); Recommended Arizona Jury Instructions--RAJI (Civil), 
                                                                    Contract 9, State Bar of Arizona (2d ed. 1991) (“Where performance of a contract depends 
                                                                    upon a condition [e.g., plaintiff‟s performance], and that condition does not occur, the 
                                                                    contract will not be enforced.”). 
        Ark.       Yes        Not a Separate  Yes          Yes      “A person may be liable for breach of contract if the complaining party can prove the 
                                Element                             existence of an agreement, breach of the agreement, and resulting damages.”  Ultracuts 
                                                                    Ltd. v. Wal-Mart Stores, Inc., 343 Ark. 224, 231-32 (2000);  Carroll-Boone Water Dist. v. 
                                                                    M. & P. Equipment Co., 280 Ark. 560, 570 (1983) (“a breach of contract is failure, 
                                                                    without legal excuse, to perform any promise which forms the whole or part of a 
                                                                    contract.”) (citations omitted).   
        Cal.       Yes            Yes         Yes          Yes      Reichert v. General Ins. Co., 68 Cal. 2d 822, 830 (1968) (“[T]he essential elements of []a 
                                                                    cause of action [for breach of contract are]: (1) the contract, (2) plaintiff's performance or 
                                                                    excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to 
                                                                    plaintiff.”);  BAJI Instruction 10.85. 
       Colo.       Yes            Yes         Yes          Yes      Western Distrib. Co. v. Diodosio, 841 P.2d 1053, 1058 (Colo. 1992) (“It has long been the 
                                                                    law in Colorado that a party attempting to recover on a claim for breach of contract must 
                                                                    prove the following elements: (1) the existence of a contract, [] (2) performance by the 
                                                                    plaintiff or some justification for nonperformance, [] (3) failure to perform the contract by 
                                                                    the defendant, [] and (4) resulting damages to the plaintiff.”) (citations omitted).   
       Conn.       Yes            Yes         Yes          Yes      Chem-Tek, Inc. v. General Motors Corp., 816 F. Supp. 123, 131 (D.Conn. 1993) (“In 
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              CASE CITATIONS TO ELEMENTS OF ACTIONS FOR BREACH OF CONTRACT FOR THE 50 STATES (PLUS D.C.)  
       STATE      VALID     PERFORMANCE  BREACH        RESULTING             CASE CITATION AND SYNOPSIS OF GOVERNING LAW 
                CONTRACT      OR EXCUSE                 DAMAGE 
                                                                    pleading an action for breach of contact, plaintiff must plead: 1) the existence of a contract 
                                                                    or agreement; 2) the defendant's breach of the contract or agreement; and 3) damages 
                                                                    resulting from the breach.”) (applying Connecticut law).  “To state a claim for breach of 
                                                                    contract the party must allege (1) the formation of an agreement; (2) performance by one 
                                                                    party; (3) breach of the agreement by the other party and (4) damages.”  Larobina v. First 
                                                                    Union Nat'l Bank, 2001 Conn. Super. LEXIS 3549 at *9;  Ro-Tam Sheetmetal Co. v. Nu-
                                                                    Way Heating & Air, 2001 Conn. Super. LEXIS 3008 at *5 (“The key elements of a breach 
                                                                    of contract action are: (1) the formation of an agreement; (2) performance by one party; 
                                                                    (3) breach of the agreement by the other party and (4) damages.”). 
        Del.       Yes        Not a Separate  Yes          Yes      Winston v. Mandor, 710 A.2d 835, 840 (Del.Chan. 1997) (For a breach of contract claim, 
                                Element                             “plaintiff must demonstrate the existence of the contract, breach thereof and resultant 
                                                                    damage.”) 
        D.C.       Yes            Yes         Yes          Yes      Proctor v. Ward, 83 A.2d 281, 282 (D.C. 1951) (finding, in a suit for breach of settlement 
                                                                    agreement, that a complaint stated the elements of breach of contract where plaintiff 
                                                                    alleged (1) existence of a contract, (2) performance by plaintiff, (3) failure to perform by 
                                                                    defendant, and (4) damages caused by the breach) (citing, inter alia, Restatement, 
                                                                    Contracts § 417) 
        Fla.       Yes        Not a Separate  Yes          Yes      Abbott Lab., Inc. v. GE Capital, 765 So. 2d 737, 740 (Fla. 5th DCA 2000) (“The elements 
                                Element                             of a breach of contract action are: (1) a valid contract; (2) a material breach; and (3) 
                                                                    damages.”) (citing  Mettler, Inc. v. Ellen Tracy, Inc., 648 So. 2d 253, 255 (Fla. 2d DCA 
                                                                    1994); Abruzzo v. Haller, 603 So. 2d 1338 (Fla. 1st DCA 1992)).   
        Ga.        Yes            Yes         Yes          Yes      Budget Rent-A-Car v. Webb, 220 Ga. App. 278, 279 (1996) (“The elements of a right to 
                                                                    recover for a breach of contract are the breach and the resultant damages to the party who 
                                                                    has the right to complain about the contract being broken.”) (citing Graham Bros. Constr. 
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              CASE CITATIONS TO ELEMENTS OF ACTIONS FOR BREACH OF CONTRACT FOR THE 50 STATES (PLUS D.C.)  
       STATE      VALID     PERFORMANCE  BREACH        RESULTING             CASE CITATION AND SYNOPSIS OF GOVERNING LAW 
                CONTRACT      OR EXCUSE                 DAMAGE 
                                                                    Co. v. C. W. Matthews Contracting Co., 159 Ga. App. 546, 550 (1981)). 
       Haw.        Yes            Yes         Yes          Yes      Uyemura v. Wick, 57 Haw. 102, 110-11 (1976) (“It is axiomatic that when there is a 
                                                                    breach of a valid and binding contract, if actual damages cannot be proved with reasonable 
                                                                    certainty, the law infers some damages. The party whose legal right has been invaded by 
                                                                    such breach is entitled to at least nominal damages.”);  PR Pension Fund v. Nakada, 8 
                                                                    Haw. App. 480, 491 (1991) (“as a general rule, „a party cannot recover for a breach of 
                                                                    contract if he fails to comply with the contract himself[.]‟”) (brackets in original) (quoting 
                                                                    17A Am. Jur. 2d Contracts § 617, at 625 (1991)). 
       Idaho       Yes            Yes         Yes          Yes      Reynolds v. American Hardware Mut. Ins. Co., 115 Idaho 362, 365 (1988) (“If a breach of 
                                                                    contract is alleged, the burden is upon the claimant to show „the making of the contract, an 
                             (As Affirmative                        obligation assumed by defendants, and their breach or failure to meet such obligation.‟”) 
                                Defense)                            (quoting Thomas v. Cate, 78 Idaho 29, 31 (1956)).  General Auto Parts Co. v. Genuine 
                                                                    Parts Co., 132 Idaho 849, 859 (1999) (“The general rule on damages for breach of 
                                                                    contract is that they 'are not recoverable unless ... clearly ascertainable both in their nature 
                                                                    and origin, and unless it is also so established that they are the natural and proximate 
                                                                    consequence of the breach and are not contingent or speculative.”) (quoting Telluride 
                                                                    Power Co. v. Williams, 172 F.2d 673, 675 (10th Cir. 1949)).  “Damages must be proven 
                                                                    with reasonable certainty.”  General Auto Parts, 132 Idaho at 859.  “However, „the law 
                                                                    does not require rigid certainty...rather, it requires...that the evidence be sufficient to 
                                                                    support a reasonable inference of causation and to allow a jury reasonably to treat that 
                                                                    inference as more probable than an inference connecting the loss to other causes unrelated 
                                                                    to the defendant's conduct.”  Id. (citations omitted) (ellipsis in original); Idaho Jury 
                                                                    Instructions 661, Idaho Pattern Jury Instructions Committee (1988) (“In this case the 
                                                                    defendant has asserted the affirmative defense that the plaintiff . . . has failed to 
                                                                    substantially perform a condition upon which defendant‟s liability [for breach of contract] 
                                                                    depends . . . .   If you find from your consideration of all the evidence that . . . the 
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