What is the test for a breach of contract claim?
California, United States of America
The following excerpt is from Lund v. Lund, B268798 (Cal. App. 2017):
To prevail on a breach of contract claim, the plaintiff must prove the contract, his performance, defendant's breach, and the resulting damage to the plaintiff. (Richman v. Hartley (2014) 224 Cal.App.4th 1182, 1186.) Plaintiff cannot establish defendant breached the covenant not to sue in the settlement agreement. Further, even assuming defendant's participation in the Arizona proceeding breached the covenant not to sue, there is no evidence of resulting damages.
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