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.
Title: Hawaii General Form of Complaint for Breach of Contract: A Detailed Overview Keywords: Hawaii General Form of Complaint, Breach of Contract, legal document, types, filing process, requirements Introduction: In the state of Hawaii, individuals who believe their contractual rights have been violated can file a General Form of Complaint for Breach of Contract. This legal document serves as a means to seek legal remedies and compensation for the damages incurred due to a breach of contract. In this article, we will provide a detailed description of the Hawaii General Form of Complaint for Breach of Contract, including its types and the essential elements required for a successful filing. Types of Hawaii General Form of Complaint for Breach of Contract: 1. Hawaii General Form of Complaint for Breach of Written Contract: — This type of complaint is used when a written contract has been breached by one or more parties involved. — It outlines the terms of the agreement, the actions that constitute the breach, and the damages or losses suffered as a result. 2. Hawaii General Form of Complaint for Breach of Oral Contract: — This type of complaint is applicable when an oral contract is violated by one party. — It should include clear evidence of the existence of the oral agreement, the breached terms, and the resulting damages. 3. Hawaii General Form of Complaint for Breach of Implied Contract: — This complaint is used in situations where a legally binding contract is implied, even though it is not explicitly stated in writing or verbally. — It requires the plaintiff to provide concrete evidence of the implied agreement, the breached terms, and the damages sustained. Filing Process and Essential Elements: For a successful filing of the Hawaii General Form of Complaint for Breach of Contract, the following essential elements need to be included: 1. Parties Involved: — Clearly state the names, addresses, and contact information of the plaintiff(s) — the party harmed, and the defendant(s) — the party breaching the contract. 2. Jurisdiction: — Mention the particular court where the complaint is being filed, ensuring it aligns with the appropriate jurisdiction. 3. Nature of the Contract: — Describe the type of contract (written, oral, implied) and provide any supporting documents or evidence to establish its existence and terms. 4. Breach of Contract: — Clearly outline the specific terms of the agreement that have been breached by the defendant. — Explain how the breach occurred and demonstrate that it has caused harm or loss to the plaintiff. 5. Damages: — Specify the amount of monetary compensation sought and outline any non-monetary remedies desired, such as specific performance, restitution, or injunctive relief. 6. Certification and Signature: — The complaint must be signed by the plaintiff(s) or their legal representative to validate its authenticity. Conclusion: The Hawaii General Form of Complaint for Breach of Contract provides a legal avenue for individuals to seek justice and financial restitution when their contractual rights have been violated. By understanding the various types of complaints available, the filing process, and the essential elements required, individuals can effectively utilize this legal document to protect their rights and receive the compensation they deserve in case of a contract breach.