Georgia General Form of Complaint for Breach of Oral Contract

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Multi-State
Control #:
US-02166BG
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Word; 
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Description

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 following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

In order to state a claim for the breach of an oral contract, the aggrieved party must show three elements: (1) a valid contract; (2) a material breach; and (3) damages.

If a person does not fulfill their part of the verbal contract, there may be grounds to sue?but it will depend on the overall nature of the agreement and stipulations involved. If you believe another party violated your valid verbal contract, do not hesitate to get legal help you can trust.

Sometimes, business partners or entities enter into oral agreements. Generally, oral agreements are enforceable and binding in the State of Georgia.

Generally, oral contracts will be enforced, so long as the basic elements of a contract are present: an offer, an acceptance, an exchange of consideration, and a meeting of the minds on the specific terms of a contract. Non-essential terms of the contract need not be settled to render an oral contract enforceable.

Verbal contract law requires that the agreement consists of: Offer - A party offers to complete an action or suspend action for something of value in return. Acceptance - The other party can deny the terms of the contract and the contract is now void.

Oral contracts are enforceable unless a specific enactment, such as a statute of frauds, renders a particular category of oral contracts unenforceable. The Court observed: [T]he full performance on the part of Schust of the acts required of him under the oral agreement would remove the case from the statute of frauds.

These exceptions are admission, performance, and promissory estoppel. Admission means that an oral contract can be enforced without meeting the requirements of a statute of frauds if the other party admits under oath that the oral contract was made. Performance can mean full performance or partial performance.

In order for the breach of contract lawsuit to succeed, you must prove that a contract existed between the two parties and that it was legally valid. You must also prove that the other party failed to fulfill its obligations and to follow the instructions specified in the contract.

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Georgia General Form of Complaint for Breach of Oral Contract