Plaintiff and defendant entered into a contract pertaining to consultant work. Plaintiff contends that defendant's actions in breaching the contract were intentional, willful, and in bad faith. Plaintiff argues that defendant is now liable for punitive damages. Plaintiff also requests compensation for emotional distress, anxiety, inconvenience, and expense from defendant.
Contract Breach In Court
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How to fill out Sample Complaint - Breach Of Contract - Exploration And Consultant Agreement?
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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.
The Elements of a Breach of Contract ClaimThe contract must first exist.The plaintiff performed according to the terms of the contract.The defendant has breached the contract by not fulfilling their obligations.The plaintiff was damaged as a direct result of the breach.
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.
To respond you must file a formal paper with the court. That paper is called the Answer. You cannot call the clerk's office to get extra time to file an answer in a civil case. Only the plaintiff, or plaintiff's attorney, can give you extra time (called an extension).