Alaska Breach of Contract Questionnaire

State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue. You lend a friend $15,000. You both make a verbal agreement that your friend will pay you within 6 months.

Normally the question of whether a breach of an obligation is a material breach, so as to excuse performance by the other party, is one of fact. ?Whether a partial breach of a contract is material depends on 'the importance or seriousness thereof and the probability of the injured party getting substantial performance.

Contract actions to be brought in three years. Unless the action is commenced within three years, a person may not bring an action upon a contract or liability, express or implied, except as provided in AS 09.10.

A federal court if the breach of contract lawsuit is based on an issue of federal law. A federal court, if the parties to the contract are citizens of different states and the amount in controversy is likely to exceed $75,000.

The elements of a claim for breach of contract are the existence of a contract, breach, and damages.

4 Elements of a Breach of Contract Claim (and more) 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 interpretation of an unambiguous contract is a question of law. ? Whether the contract is ambiguous is a matter-of- law determination. ? Contractual language is ambiguous if it is susceptible to two reasonable interpretations.

Breaching a contract is generally not considered a criminal offense unless it involves something like fraud. It is considered a matter between private parties, rather than something that affects society as a whole.

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Alaska Breach of Contract Questionnaire