The failure of a contracting party to substantially perform the terms and conditions of a service contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.
The California General Form of Complaint for Breach of Contract is a legal document used to initiate a civil lawsuit in the state of California for a breach of contract claim. This form is commonly used in cases where a party alleges that the other party failed to fulfill their contractual obligations, resulting in financial losses or damages. The California General Form of Complaint for Breach of Contract requires the plaintiff (the party filing the lawsuit) to provide specific details about the contract, the breach, and the resulting damages. The form typically asks for the following information: 1. Parties involved: The names and contact information of both the plaintiff and the defendant are required to identify the parties in the lawsuit. 2. Contract details: A description of the contract, including the date it was entered into, the terms and conditions agreed upon, and any relevant provisions. 3. Breach of contract allegations: The plaintiff must outline how the defendant breached the contract by failing to perform their obligations, providing specific instances or examples. 4. Damages claimed: The plaintiff is required to specify the monetary damages they are seeking as a result of the breach. This can include actual damages, consequential damages, lost profits, or any other appropriate compensation. 5. Legal basis: The plaintiff must state the legal grounds for the breach of contract claim, such as a violation of a specific provision, failure to meet deadlines, or non-payment. 6. Demand for relief: The plaintiff can request specific relief or remedies, such as monetary compensation, specific performance (forcing the defendant to fulfill their obligations), or termination of the contract. It is important to note that there may be different types of California General Form of Complaint for Breach of Contract, depending on the specific nature of the contract or the claims involved. For example, there may be separate forms for breach of employment contracts, real estate contracts, or construction contracts. Each type of claim may require additional information or specific legal elements to be mentioned in the complaint. It is advisable to consult with an attorney or access appropriate legal resources to ensure the correct form is used for a specific breach of contract claim in California.
