Elements of Breach of Contract Cause of Action
The elements of a breach of contract action are (1) existence of a valid contract, (2) performance or tendered
performance by the plaintiff, (3) breach of the contract by the defendant, and (4) damages sustained by the
plaintiff as a result of the breach. Roof Sys., Inc. v. Johns Manville Corp., 130 S.W.3d 430, 442 (Tex. App.-
Houston [14th Dist.] 2004, no pet.).
Terms must be certain for it to be enforceable
Parties form a binding contract when the following elements are present: (1) an offer, (2) an acceptance in strict
compliance with the terms of the offer, (3) meeting of the minds, (4) each party’s consent to the terms, and (5)
execution and delivery of the contract with the intent that it be mutual and binding. Id. To be enforceable, a
contract must be sufficiently certain to enable a court to determine the rights and responsibilities of the parties.
Id. The material terms of a contract must be agreed upon before a court can enforce the contract. Id. (citing T.O.
Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992)).
To be entitled to summary judgment on its breach-of-contract claim, Citibank was required to prove, as a matter
of law, (1) the existence of a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach
of contract by the defendant; and (4) damages sustained as a result of the breach. Williams v. Unifund CCR
Partners Assignee Of Citibank, — SW3d —, 2008 WL 339855, at *3 (Tex. App.—Houston [1st Dist.] Feb. 7,
2008, no pet. h.) (citing Winchek v. Am. Express Travel Related Servs. Co., 232 S.W.3d 197, 202 (Tex. App.—
Houston [1st Dist.] 2007, no pet.)).