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.
Hawaii Complaint regarding Breach of Contract for Actual Damages
State:
Multi-State
Control #:
US-M6793
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Breach Of Contract For Actual Damages?
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FAQ
You must have clear evidence that the other party has not adhered to their duties under the contract. They may have failed to perform any of their duties, performed some but not all of their duties or performed poorly.
Here is a brief summary of the process: 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.
You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors. Factor #1: A Well Written Contract. ... Factor #2: A Clear and Obvious Breach. ... Factor #3: Substantial and Identifiable Damages. ... Factor #4: A Defendant with Deep Pockets.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
A petition must contain only a short and plain statement of the claim that shows the plaintiff's entitlement to relief and a demand for judgment. The petition should be simple, concise and direct, and it should give fair notice of the nature of the plaintiff's claim and the grounds on which it is based.
Plaintiff, suing for breach of contract, must prove that the defendant indeed did breach the terms of their initial agreement. The plaintiff must have followed the contract themselves at all times. The plaintiff must have notified the defendant of the breach before proceeding with a lawsuit.
Your answer to the plaintiff's complaint should include all legal and equitable affirmative defenses available to you based on the facts. Your response to the complaint must be thorough, as any available defenses not timely raised or properly alleged may be waived.
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.