Arizona Complaint regarding Breach of Contract for Actual Damages

State:
Multi-State
Control #:
US-M6793
Format:
Word; 
Rich Text
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Description

This form is a Complaint for Breach of Contract. The plaintiff demands the following relief: trial by jury, an award of damages, reasonable attorney fees and costs, and other expenses which may be deemed just and proper.
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FAQ

How to File a Breach of Contract Lawsuit 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.

Remedies for Breach of Contract If a breach of contract occurs, then the injured party may be offered a remedy in the form of legal remedies, or money damages, equitable remedies, or restitution by Arizona courts.

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.

An award of compensatory damages is the most common of the legal remedies for breach of contract. The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract. They typically fall into two categories: expectation damages and consequential damages.

The consequences for breach of contract are usually monetary. The wronged party can sue the party that did not fulfill their duties under the contract for damages. That could mean payment for monetary losses, such as damage done to the property, sales that were lost, and so on.

The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money. In some circumstances, the court will make an order for specific performance.

The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.

What Is Required to Prove Compensatory Damages? Causation: The defendant's breach must be the reason for the plaintiff's economic losses. ... Foreseeability: The losses must be foreseeable at the time of contract formation. ... Calculable: The losses must be quantifiable and able to be calculated into specific monetary amounts.

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Arizona Complaint regarding Breach of Contract for Actual Damages