How can a party show that the other side is in breach of a contract?

To demonstrate that the other party is in breach of a contract, one common method is to show that the party seeking to enforce the contract has fulfilled their own obligations. By tendering performance, a party effectively indicates that they are prepared to meet their end of the contract, and if the other side fails to fulfill their part, it becomes clear that a breach has occurred.

This approach showcases that the non-breaching party was ready to engage in the contract as originally agreed, thus highlighting the other party's failure to act according to the contractual terms. If a party does not perform their obligations while the other side has made every effort to do so, it substantiates the claim of breach.

While providing written notice of breach, withholding payment, and filing a lawsuit are steps that might follow once a breach is identified, they do not inherently demonstrate the existence of the breach itself. Tendering performance focuses directly on the fulfillment of contract terms, making it a critical and foundational method to assert that a breach has taken place.