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e-Li: Electronic Library

Breach of Contract

Counties are responsible for the breach of a contract entered into by the county.  The extent of liability in such a contract action depends upon the terms of the contract and the damages suffered by the parties.  The county could be required by the courts to perform a contract according to its terms in an action for specific performance.

When an official attempts to enter into a contract on behalf of the county without actual authority to enter into such a contract, the official may then be held personally liable for the performance of the contract.