Sample Claim Statement With Breach Of Contract In Phoenix
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Breach of Contract Claims You have to set out the claim out in the particulars of claim, and prove the facts giving rise to the breach on the balance of probabilities to obtain a remedy.
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.
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.
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.
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.
For a contract to be legally binding in the Philippines, it must contain the three essential elements of consent, object, and cause. Without these elements, or with defects in any of them, the contract may either be voidable or entirely void.
