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As a result, it is usually a good idea to attempt to negotiate a settlement, or pursue alternative dispute resolution. You can hire a professional mediator to help both parties reach a mutually workable solution. If this does not work, however, you can take your case to court if you have suffered a breach of contract.
A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
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.
A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations.
Elements Needed to Prove Breaches Proof you performed your obligations under the terms of the contract or, alternatively, proof you were justified in not doing so. Proof the defendant failed to perform their obligations under the terms of the contract. Proof you suffered damages due to the defendant's breach.
Here is a brief summary of the process: Determine whether you have a contract. See whether the other party has breached the contract. See if there is any way to settle out of court. Decide which county is the right place to file. File the petition and summons with the court clerk.
? A valid contract is a legally enforceable agreement between two or more parties for the exchange of goods or services. The elements of a valid contract are (1) offer, (2) acceptance, (3) exchange, and (4) consideration.
To sue for breach of contract, you must be able to show: Prove that there was a contract in existence ? It would need to be proven that a legally binding contract was in place and that it had been breached.