Delaware Breach of Contract Questionnaire

State:
Multi-State
Control #:
US-Q1004
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a breach of contract matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

§§ 17-802. Judicial dissolution. On application by or for a partner the Court of Chancery may decree dissolution of a limited partnership whenever it is not reasonably practicable to carry on the business in conformity with the partnership agreement.

Special damages are those damages that are the natural but not the necessary result of the wrongful acts.5. Consequential damages, a species of special damages, are damages not directly flowing from the breach, but which the defendant knew or should have known would result therefrom.6.

Under Delaware law, a breach of contract claim comprises three elements: (1) the existence of a contract; (2) a breach of an obligation imposed by that contract, and (3) resulting damages.

§§ 17-1101. Construction and application of chapter and partnership agreement. (a) This chapter shall be so applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

(c) To the extent that, at law or in equity, a member or manager or other person has duties (including fiduciary duties) to a limited liability company or to another member or manager or to another person that is a party to or is otherwise bound by a limited liability company agreement, the member's or manager's or ...

In certain circumstances, fiduciary duties may be waived. The ability to waive these duties depends on the company's legal entity type and where it was incorporated.

year limitation applies for breach of written contracts and two years for breach of spoken contracts. Debt collection suits have a threeyear statute of limitations.

§ 17-101, et seq. (?DRULPA? or the ?Act?), grants a limited partner of a Delaware limited partnership the right to demand access to the partnership's books and records in a summary proceeding analogous to a shareholder's right to bring a § 220 action. See Del.

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Delaware Breach of Contract Questionnaire