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.
Arkansas Sample Complaint - Breach of Contract - Exploration and Consultant Agreement
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State:
Multi-State
Control #:
US-01597
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Word;
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FAQ
There are four elements of a breach of contract claim: a valid contract, performance, breach, and damages.
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.
We regret to inform you that a breach of our contract has been noted. As per the terms outlined in our agreement, this breach may lead to implications, including possible legal action. Please take the necessary steps to address this issue.
Notice of Breach: What to Include 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.
For example, if you completed a job for which a contract stated you would get paid $50,000, but you only got $20,000, you could be awarded damages of $30,000. Normally, a party whose contract was breached cannot claim more than the money they were initially owed?as laid out in the contract.
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.
