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Steps to Take Before Filing for Breach of ContractConsider the Statute of Limitations.Breach of Contract Must Be Material & Cause Damage.Mediation & Arbitration.Determine the Appropriate Court to File Your Lawsuit.Determine How You Will Serve the Defendant.Prepare Your Complaint and Documentation.Hiring an Attorney.
According to Article 1771, the remedies for non-performance of contract of sale are:Forced (specific) performance.Cancellation of the contract.Damages.
A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.
Here's a list of what you should include when sending a notice of breach in a contract dispute.Make the date clear.Check the notice clause.Describe the breach.Make sure it's a "material" breach.Offer a "cure." In some cases, it may be too late to fix the problem.Avoid an emotional tone.Try to work it out.
The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.30 Sept 2021