Sample Claim Statement With Breach Of Contract In Florida
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Include references to the terms that were breached, quoting relevant sections of the contract, and detail how the other party was in breach of said term(s). List the responsibilities and obligations you deem to be unmet, and explain how the other party is in breach of them.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
If you intend to make a claim for damages for breach of contract, you need to be able to prove that: There was a valid and binding contract in place. The other party breached the contract. You suffered a loss as a result of the breach.
In order to win a breach of contract claim in Florida, a party must prove: There was an enforceable contract. A contractual promise was broken. The broken promise caused damages to the pursuing party.
If a defendant denies all plaintiff claims, the plaintiff has the burden of proving their case. The standard of evidence in a breach of contract claim is “by a preponderance of evidence.” Which means, more likely than not, these things happened.
Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. After that, the plaintiff must show that the defendant did not fulfill their obligations. And finally there must be evidence of actual damages that the plaintiff suffered as a result.
The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
The relevant criteria are: There is a legally binding contract. The other party has failed to perform their duties under the contract. You have suffered loss as a result of the breach. The breach occurred within the last 6 years. Collating and preserving evidence. Reserving your rights. Taking legal advice.
Statement of Claim State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
