Predicting the outcome of lawsuit is extremely difficult in most cases if not impossible. You may have a breach of contract claim but the defendant can pick from a variety of possible defenses that either effect your claim or your damages. Defendants will take steps to try to muddy the water and say things like:
“i didn’t breach the plaintiff breached first”
“i was not the cause of the breach, the cause was someone else”
“I am excused from performance under the contract because performance was impossible”
“the contract lacks any valid consideration”
“the contract is void against public policy”
“the contract limits the amount of damages that can be recovered”
“the contract contains a mutual mistake and should not be enforced”
“the contract was modified by writing or the actions of the Plaintiff”
“the contract does not address a material term”
and so on.
The point is, there are numerous positions that the defendant can take which may not be successful at the end of the day, but will certainly make things difficult for you as the plaintiff by either wasting time or causing you to spend money.
Even if you are successful in your claim the person or company you’re suing may not have enough money to cover your claims, or they may file for bankruptcy.
Even process of litigation can be dragged out because of discovery. Defendants will do what they can to delay the process with baseless demands and baseless objections.
Finally, the reality in most cases is that things/issues come up during the discovery process either in documents, emails, text messages, or depositions. These factual issues (whether true or not) are what make or break your case. As Denzel Washington said in Training Day: “It’s not what you know it’s what you can prove”.
