Sample Claim Statement With Breach Of Contract In Wake
Description
Form popularity
FAQ
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.
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.
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.
You cannot bring a breach of contract claim merely because the other party has failed to perform; you must have suffered loss as a result. The type of loss you have incurred must have been a foreseeable consequence of the subsequent breach at the time you made the contract. You are under a duty to mitigate any loss.
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.
Here are five of the most common. Compensatory damages. Compensatory damages are a popular breach-of-contract remedy, aiming to cover the loss the injured party suffered due to the breach. Liquidated damages. Specific performance. Punitive damages. Nominal damages.
A valid contract is built on three essential elements: offer, acceptance, and consideration. These elements ensure that a contract is enforceable and that all parties involved have a clear understanding of the agreement.
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.
