1 Elements and Case Citations
- Plaintiff and Defendant are parties to a written contract:
- The contract is ambiguous about the permissibility or scope of the conduct in question;
- Defendant, through a conscious and deliberate act, fails or refuses to discharge contractual responsibilities that unfairly frustrates the contract’s purpose and disappoints the Plaintiff’s expectations;
- Defendant’s breach deprives the Plaintiff of the contract’s benefits; and
- Plaintiff suffers damages.
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