Presenting a persuasive argument is generally the goal of legal writing, according to Illinois attorney Evan Schaeffer. To be persuasive, the writing should cause the reader to conclude that your point of view reflects an accurate portrayal of the facts and is both logical and reasonable under the law. When writing an argument on breach of contract, you must instruct the reader that (1) a contract existed between two parties and that (2) some conduct on the part of the opposing party resulted in damages to the other party (such as loss of income as a result of nonpayment on a contract).
- Skill level:
- Moderately Challenging
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Organise the facts relating to the contract and the breach of contract. Gather the relevant contract law provisions you need to prove that a breach of contract occurred. Refer to your state's contract law provisions for help.
Match each fact you have to the law. An easy way to do this is to draw a line down the middle of a piece of paper. Write a fact on one side of the line and write the law that supports your position (that the contract was breached) on the other side.
Write your argument in plain English and develop a professional, respectful and objective tone. Start with the facts in your first section. In the second section, apply the law to the facts. Cite the relevant case law and statutes to support your position. Use the list you made in Step 2 to organise your argument.
Tips and warnings
- Remember that the judge already knows which side of the argument you are presenting. The persuasive argument on breach of contract, therefore, will be one that is written objectively and matter-of-factly. Avoid off-colour comments that suggest the opponent's argument is weak or poorly written. Instead, show facts to support that a contract existed and that you upheld your end of the bargain (such as demonstrating that you completed work described in the contract). Show evidence that the opposing party breached the agreement (such as copies of invoices and follow-up letters). Show that the opposing party has no excuse for breaching the contract, or that their excuse does not apply for reasons that you are able to clearly define. Always cite relevant case law to support your argument.
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