3. DID A DUTY OF PERFORMANCE ARISE? There can be no breach of contract until one party is supposed to perform but refuses. (We are leaving aside the question of breach by anticipatory repudiation, which if material, operates as an ordinary breach and allows the non-breaching party to cancel and sue immediately). In other words, all conditions to one party's performance must "occur" before that party has a duty to perform. Any express conditions to party A's duty to perform must precisely occur or be excused before A has a duty to perform. Any constructive conditions to A's duty to perform must occur through substantial performance before A has a duty to perform.
4. ARE THERE ANY DEFENSES TO ENFORCEMENT? Not all contracts will be enforced. Some people have contractual incapacity, such as infants (usually those under 18) and mental incompetents. Some contracts will not be enforced unless they are evidenced by a sufficient writing, such as contracts for the sale of goods for $500 or more, and contracts that could not possibly have been performed within one year of their making (the one-year rule). Some contracts will not be enforced because they are against public policy, or are unconscionable. Contracts that were procured by fraud or duress can be avoided by the injured party. Sometimes contract performance can be excused because of impossibility or impracticability caused by unanticipated circumstances, the risk of which was not borne by the party seeking excuse.
In the employment context, the most usual defense to enforcement is the statute of frauds.
5. WAS THE CONTRACT BREACHED? If all conditions have occurred (either express conditions have occurred precisely or constructive conditions have been substantially performed), then the promisor's duty becomes absolute. If the promisor doesn't do what the promisor promised, and when it was promised, then there is a breach.
In the employment context, the claim of breach usually arises from an employee's termination, alleged to be in violation of contract, but it could arise from the breach of any promise.
6. IF THE CONTRACT WAS BREACHED, WHAT IS THE APPROPRIATE REMEDY? The typical remedy for breach of contract is expectancy, also known as benefit of the bargain: the injured party gets the end product (net) of what she would have obtained had the promise been performed. Note that the injured party doesn't come out ahead. She gets no windfall, only what she would have obtained (net) had performance occurred. Nor does the injured party normally get emotional distress damages or punitive damages for breach of contract. There's an exception for emotional damages when the nature of the contract contemplates that the injured party will suffer emotional distress in the event of a breach, such as where the contract is for handling the corpse of a loved one, or at the other end of the scale, a contract for entertainment at a wedding reception. Courts do not allow emotional distress damages for breach of an employment contract. That's why plaintiff's lawyers want to find a tort.