To bring a lawsuit based on breach of contract, which element must first exist?

To bring a lawsuit based on a breach of contract, a cause of action must first exist. A cause of action refers to the fundamental legal basis or set of facts that gives a person the right to seek a legal remedy in court. In the context of a breach of contract, this typically involves establishing that a valid contract was formed, that the other party failed to fulfill their obligations (i.e., breached the contract), and that the aggrieved party suffered damages as a result of that breach.

Before any legal action can be considered, this foundational element must be present. It serves as the starting point for the legal process, determining whether there is an adequate basis for the claim to proceed. The other options, while potentially relevant in the litigation process, do not represent the essential prerequisite needed to initiate a lawsuit; they pertain to the procedures or evidence that may follow once a cause of action has been established. Hence, having a cause of action is crucial for successfully filing a lawsuit based on breach of contract.