Cited by
Opinions in Arizona that cite Graham v. Asbury, 540 P.2d 656.
- CHOPKO v. FIDELITY NATIONAL Ariz. Ct. App. Div. 1 2026
- CHOPKO v. FIDELITY NATIONAL Ariz. Ct. App. Div. 1 2026
- Thompson v. Spina Ariz. Ct. App. Div. 1 2025
- Thompson v. Spina Ariz. Ct. App. Div. 1 2025
- Pioneer Title v. Larue Ariz. Ct. App. Div. 1 2025
-
Pioneer Title v. Larue
Ariz. Ct. App. Div. 1 2025
To prove a breach of contract, LaRue must show “the existence of the contract, its breach and the resulting damages.”
- Weber v. Kory Ariz. Ct. App. Div. 1 2025
-
Weber v. Kory
Ariz. Ct. App. Div. 1 2025
To prevail on his contract claim, Weber must prove “existence of [a] contract, its breach and the resulting damages.”
- Hernandez v. Old Town Ariz. Ct. App. Div. 1 2024
-
Hernandez v. Old Town
Ariz. Ct. App. Div. 1 2024
¶13 Hernandez’s breach of contract claim required “the existence of [a] contract, its breach and the resulting damages.” Graham v. Asbury, 4 HERNANDEZ v. OLD TOWN Decision of the Court
- Bairstow v. Windgate Ariz. Ct. App. Div. 1 2024
- Bairstow v. Windgate Ariz. Ct. App. Div. 1 2024
- Mason v. La Glorieta Ariz. Ct. App. Div. 1 2024
-
Mason v. La Glorieta
Ariz. Ct. App. Div. 1 2024
¶15 To succeed on a breach of contract action, the plaintiff must prove three elements: “the existence of the contract, its breach and the resulting damages.” Thomas v. Montelucia Villas, LLC, ¶ 16 (2013) ().
- Thermolife v. Musclepharm Ariz. Ct. App. Div. 1 2021
-
Thermolife v. Musclepharm
Ariz. Ct. App. Div. 1 2021
See Restatement (Second) of Contracts § 347(a)-(b) (1981) (providing that an injured party has a right to damages for losses “caused” by the breach); (breaching party is liable for any damages sustained “as a result” of the breach); N. Ariz. Gas Serv., Inc. v. Petrolane Transp., Inc., Thunderbird Metallurgical, Inc. v. Ariz. Testing Lab’ys., (damages recoverable in a contract action are those “p
- Isles v. College Nannies & Tutors Ariz. Ct. App. Div. 1 2021
-
Isles v. College Nannies & Tutors
Ariz. Ct. App. Div. 1 2021
(identifying the elements of a claim for breach of contract).
- Self v. Higher Logic Ariz. Ct. App. Div. 1 2020
-
Self v. Higher Logic
Ariz. Ct. App. Div. 1 2020
“To bring an action for the breach of [a] contract, the plaintiff has the burden of proving the existence of [a] contract, its breach and the resulting damages.”
- Zaki v. Capstone Ariz. Ct. App. Div. 1 2020
- Zaki v. Capstone Ariz. Ct. App. Div. 1 2020
- Woensdregt v. Handyman Ariz. Ct. App. Div. 1 2019
- Woensdregt v. Handyman Ariz. Ct. App. Div. 1 2019
- Brimley v. Jirauch Ariz. Ct. App. Div. 1 2018
-
Brimley v. Jirauch
Ariz. Ct. App. Div. 1 2018
We review de novo issues of contract interpretation, looking to the plain meaning of the words in the context of 3 See, (noting that a party claiming breach of contract must prove the existence of a contract, breach, and damages).
- Broadband v. Satcom 418 P.3d 1055 Ariz. Ct. App. Div. 1 2018
-
Broadband v. Satcom
418 P.3d 1055
Ariz. Ct. App. Div. 1 2018
Compare Holt, 110 Ariz. at 278 (to recover on an open account, the plaintiff must meet its burden to prove “the correctness of the account and each item thereof”), (“To bring an action for the breach of the contract, the plaintiff has the burden of proving the existence of the contract, its breach and the resulting damages.”).
- Calabrese v. Fortin Ariz. Ct. App. Div. 1 2017
-
Calabrese v. Fortin
Ariz. Ct. App. Div. 1 2017
However, even assuming this to be true, the plaintiff in a breach of contract action has the burden of proving “the existence of a contract, its breach and resulting damages.” (citing Clark v. Compania Ganadera de Cananea, S.A., ).
- North v. Vps Ariz. Ct. App. Div. 1 2016
-
North v. Vps
Ariz. Ct. App. Div. 1 2016
L.L.C., ¶ 16 (2013) (“To bring an action for the breach of the contract, the [injured party] has the burden of proving the existence of the contract, its breach and the resulting damages.”) (emphasis 5 NORTH et al. v. VPS et al. Decision of the Court added) (), or (2) grant VPS permission to enter the school premises to provide security services, thereby vitiating the trespass claim, see Barry v. S. Pac.
- Shufeldt v. Nextcare Ariz. Ct. App. Div. 1 2016
-
Shufeldt v. Nextcare
Ariz. Ct. App. Div. 1 2016
¶26 “‘To bring an action for the breach of the contract, the plaintiff has the burden of proving the existence of the contract, its [material] breach and the resulting damages.’” Thomas v. Montelucia Villas, LLC, ¶ 16 (2015) ().
- First American Title Insurance v. Johnson Bank 372 P.3d 292 Ariz. 2016
-
First American Title Insurance v. Johnson Bank
372 P.3d 292
Ariz. 2016
(identifying the elements of a breach-of-eontract claim as: (1) the existence of a contract; (2) breach; and (3) resulting damages).
- Abromovitz v. Red Eyed Ariz. Ct. App. Div. 1 2014
-
Abromovitz v. Red Eyed
Ariz. Ct. App. Div. 1 2014
1987) (breach of contract arises when party materially fails to perform duty imposed by agreement (citation omitted)); (party is liable for breach of contract when it fails to keep agreement).
- Ralph and Carolee Thomas v. Montelucia Villas 302 P.3d 617 Ariz. 2013
-
Ralph and Carolee Thomas v. Montelucia Villas
302 P.3d 617
Ariz. 2013
“To bring an action for the breach of the contract, the plaintiff has the burden of proving the existence of the contract, its breach and the resulting damages.”
- Goodman v. Physical Resource Engineering, Inc. 270 P.3d 852 Ariz. Ct. App. Div. 2 2011
-
Goodman v. Physical Resource Engineering, Inc.
270 P.3d 852
Ariz. Ct. App. Div. 2 2011
citing Clark v. Compania Ganadera de Cananea, S.A.
- US West Communications v. Arizona Corp. Com'n 3 P.3d 936 Ariz. Ct. App. Div. 1 1999
-
US West Communications v. Arizona Corp. Com'n
3 P.3d 936
Ariz. Ct. App. Div. 1 1999
Berthot v. Security Pac.
- Mohave Electric Cooperative, Inc. v. Byers 942 P.2d 451 Ariz. Ct. App. Div. 1 1997
-
Mohave Electric Cooperative, Inc. v. Byers
942 P.2d 451
Ariz. Ct. App. Div. 1 1997
(When a party fails to keep the agreements, he is liable for damages for his failure to perform.).
- Carondelet Health Services v. Arizona Health Care Cost Containment System Administration 930 P.2d 544 Ariz. Ct. App. Div. 1 1996
-
Carondelet Health Services v. Arizona Health Care Cost Containment System Administration
930 P.2d 544
Ariz. Ct. App. Div. 1 1996
Reliance is justified when it is reasonable, but is not justified when knowledge to the contrary exists, LyphoMed
- Carlson v. Arizona Department of Economic Security 906 P.2d 61 Ariz. Ct. App. Div. 1 1995
-
Carlson v. Arizona Department of Economic Security
906 P.2d 61
Ariz. Ct. App. Div. 1 1995
permits and failure to notice the error for two years did not amount to wrongful conduct which would give rise to equitable estoppel); Mohave County v. Mohave-Kingman Estates, Inc., , (county’s failure to immediately enforce the terms of a land sale contract upon the purchaser’s breach did not equitably estop it from later suing the purchaser); , (state was not estopped from seeking overpayment of salary to an employee because more than one year delay in suing was not intentional and did not con