Arizona Complaint for Breach of Contract, Emotional distress, Misrepresentation of House Condition
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How to fill out Complaint For Breach Of Contract, Emotional Distress, Misrepresentation Of House Condition?
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FAQ
An especially serious violation of a rental agreement ? one that a tenant cannot fix ? is called a ?Material and Irreparable Breach?. If a tenant receives a Notice for Material & Irreparable Breach, it means the landlord plans to ask the court for permission to kick the tenant out of their home right away.
An equitable remedy is something a court may impose in order to provide restitution to a party that did not receive the benefit of the agreed-upon bargain. If one party is unjustly enriched by a contract, then the court may attempt to help even things out.
If the emotional damage is severe enough, you may be able to sue the liable party for emotional distress. However, in order to recover compensation, you will need to show that your level of distress was severe enough that nobody could be reasonably expected to handle the situation and move past it on their own.
By Richard Stim, Attorney. In contract law, a "material" breach of contract is a breach (a failure to perform the contract) that strikes so deeply at the heart of the contract that it renders the agreement "irreparably broken" and defeats the purpose of making the contract in the first place.
A violation of the lease or rental agreement is called a ?breach?. Sometimes a violation of the lease or rental agreement is called a ?material breach? or a ?material noncompliance.? Something is ?material? when it is significant. No matter where in the eviction process you might be, a lawyer may be able to help.
There are only three elements to a breach of contract claim in Arizona. First, you must establish that there was a legally enforceable contract. Second, you must establish that the terms of the contract were breached. Lastly, you must suffer financial injury as a result of the breach.
A breach is material if, as a result of the breaching party's failure to perform some aspect of the contract, the other party receives either nothing at all or something significantly different than what the contract specified.
Furthermore, a material breach requires the injured party to be deprived of a reasonably expected benefit from the lease. The injured party also must be able to calculate appropriate damage because of that deprivation of the reasonably expected benefit.
